§ 1-2. Definitions and rules of construction.
The following definitions and rules of construction shall apply to this Code and to all ordinances unless the context requires otherwise:
Generally. When provisions conflict, the specific shall prevail over the general. All provisions shall be liberally construed so that the intent of the governing board may be effectuated. Words and phrases shall be construed according to the common and approved usage of the language, but technical words, technical phrases, and words and phrases that have acquired peculiar and appropriate meanings in law shall be construed according to such meanings. If the provisions of different chapters of this Code conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of the chapter.
(Code 1994, § 1-2)
Abandoned property. The term "abandoned property" shall mean all tangible personal property that does not have an identifiable owner and that has been disposed on public property in a wrecked, inoperative or partially dismantled condition or has no apparent intrinsic value to the rightful owner. Vessels determined to be derelict by the state fish and wildlife conservation commission or the county or village in accordance with the provisions of F.S. § 823.11 are included within this definition.
(Code 1994, § 26-36)
State Law reference— Similar provisions, F.S. § 705.10.
Abandoned sign. The term "abandoned sign" shall mean a sign that advertises a business that is no longer licensed, no longer has a certificate of occupancy or is no longer doing business at that location.
(Code 1994, § 30-176)
Abuse . The term "abuse" means the intentional, wrongful or improper use of rank, position or authority by elected and appointed municipal officials and employees designed to cause the loss or misuse of municipal funds or resources; to adversely affect the rights of any person; or to achieve personal gain or advantage for himself/herself or for any other persons.
(Ord. No. 2011-20, § 1, 10-8-2011)
Abutting. The term "abutting" shall mean having a common border with or being separated from such common border by an alley or easement.
(Code 1994, § 30-398)
Abutting property. The term "abutting property" shall mean property that is immediately adjacent or contiguous to property that is subject to review under chapter 34, article V, or property that is located immediately across any road or public right-of-way from the property, subject to review under chapter 34, article V.
(Code 1994, § 30-246)
Access. The term "access" shall mean the principal means of ingress and egress to a lot or property from a publicly dedicated right-of-way.
(Code 1994, §§ 30-246, 30-398)
Access waterway. The term "access waterway" shall mean a waterway which is developed or constructed in conjunction with the division of real estate for the purpose of providing access by water to lots within the subdivision.
(Code 1994, § 30-246)
Accessory building, structure or use. The term "accessory building, structure or use" shall mean a detached building, structure or use on the same lot with and of a nature customarily incidental and subordinate to the principal building, structure or use. Accessory structures or uses shall be in scale with the principal structure, of harmonious colors and materials, and shall not exceed 50 percent of the floor area of the principal use or 1,000 square feet, whichever is more restrictive, unless further governed by section 34-892 of this Code.
(Code 1994, § 30-398; Ord. No. 2015-29, § 2, 9-10-2015)
Accessway. The term "accessway" shall mean a paved area which is intended to provide ingress and egress for vehicles or pedestrians from a public right-of-way. Where permitted and in compliance with the standards of chapter 34 pertaining to land development, an accessway is permitted to traverse a required landscape area or buffer.
(Code 1994, §§ 30-88, 30-246)
Acre. The term "acre" shall mean a measure of land area containing 43,560 square feet of land or water, or combination thereof.
(Code 1994, § 30-398)
Acreage. The term "acreage" shall mean that land lying within the village limits which has not been subdivided according to the records on file in the office of the clerk of the circuit court in and for the county.
(Code 1994, § 30-398)
Acts by agents. When an ordinance requires an act to be done which may by law as well be done by an agent as by the principal, the requirement shall be construed to include all acts when done by an authorized agent.
(Code 1994, § 1-2)
Addition. The term "addition" shall mean a structure or building added to the original structure or building at some time after the completion or issuance of a certificate of occupancy of the original structure or building.
(Code 1994, § 30-398)
Addition to an existing building. The term "addition to an existing building" shall mean any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.
(Code 1994, § 30-26)
Adjacent. The term "adjacent" shall mean that which lies near or close to, not widely separated or necessarily touching.
(Code 1994, § 30-398)
Adjoining. See the definition of the term Contiguous.
(Code 1994, § 30-398)
Administrative official. The term "administrative official" shall mean any staff member of the village authorized to enforce, interpret or administrate the regulations of various development regulations, ordinances or orders.
(Code 1994, § 30-398)
Advertising sign. The term "advertising sign" shall mean a sign directing attention to a business, commodity, service or entertainment conducted, sold or offered.
(Code 1994, § 30-176)
Advertising structure. The term "advertising structure" shall mean any structure erected or installed for advertising purposes, with or without any advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, printing, painting, device or other advertisement of any kind whatsoever may be placed, posted, painted, tacked, nailed or otherwise fastened, affixed or displayed, including bus bench advertising; provided, however, that such term shall not include buildings.
(Code 1994, §§ 30-176, 30-398)
Alcoholic beverage. The term "alcoholic beverage" shall mean all beverages containing more than one percent of alcohol by volume. The percentage of alcohol by volume shall be determined by measuring the volume of the standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though such remainder ingredients were distilled water.
(Code 1994, § 30-398)
State Law reference— Similar provisions, F.S. § 561.01(4).
Alley. The term "alley" shall mean a right-of-way which affords only a secondary means of access to property abutting thereon and is not designed or intended or used for general traffic circulation. Access from an alley is not to be considered as legal access.
(Code 1994, §§ 30-246, 30-398)
All-weather surface. The term "all-weather surface" shall mean an area paved with asphalt or concrete material.
(Code 1994, § 30-398)
Alteration. The term "alteration," as such term applies to a building or structure, shall mean a change or rearrangement in the structural parts of the existing facilities, such as the interior walls and partitions, plumbing, electrical or mechanical fixtures, or an enlargement, whether by extending on a side or by increasing the height, or the moving from one location or position to another.
(Code 1994, § 30-398)
Alternative or stealth tower structure. The term "alternative or stealth tower structure" shall mean manmade trees, clock towers, bell steeples and similar alternative design or mounting structures which camouflage or conceal the presence of antennas or towers.
(Code 1994, § 30-905)
Amortization. The term "amortization" shall mean a method of eliminating nonconforming uses by requiring the termination of the nonconforming uses after a specified period of time.
(Code 1994, § 30-398)
Amusement device, coin-operated or token-operated. The term "amusement device, coin-operated or token-operated" shall mean any amusement machine or device operated by means of insertion of a coin or token, or similar object for the purpose of amusement or skill, or for the playing of which a fee is charged. Such definition does not include vending machines which do not incorporate gaming, amusement or skilled features, nor does such definition include any coin-operated or token-operated mechanical musical device.
(Code 1994, § 30-398)
Anchor store/tenant. The term "anchor store/tenant" shall mean the largest retail establishment or major tenant within a shopping center, which draws customers, and thereby generates business for surrounding stores or tenants.
(Code 1994, § 30-398)
Animal. The term "animal" shall mean any and all types of animals, including, but not limited to, dogs and cats, both domesticated and wild, male and female.
(Code 1994, § 6-1)
Animated sign. The term "animated sign" shall mean a sign with action or motion using electrical energy, electronic or manufactured sources of supply or wind actuated elements, including rotating, revolving or flashing signs.
(Code 1994, § 30-176)
Annexation. The term "annexation" shall mean the incorporation of land area into the village with a resulting change in the boundaries of the village.
(Code 1994, § 30-398)
Antenna. The term "antenna" shall mean any exterior stealth designed device used for transmitting and receiving, mounted on a tower or building and used in communications that radiate or capture electromagnetic waves for wireless telecommunications signals or other communication signals. This definition does not include over-the-air transmission or reception devices which deliver television broadcast signals, direct (radio) broadcast signals, direct broadcast satellite services or multichannel multipoint distribution services, as defined and regulated by 47 CFR 1.4000, as amended.
(Code 1994, § 30-905)
Apartment . The term "apartment" shall mean any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied as the home or residence of two or more families living independently of each other with their own separate entrances for each unit.
(Code 1994, § 30-398; Ord. No. 2014-06, § 3, 5-8-2014)
Apartment complex. The term "apartment complex" shall mean a multi-family housing building or a group of inter-related multi-family housing buildings, with five (5) or more residential units, located on a single plat, and which has a business or rental office on-site.
(Ord. No. 2007-08, § 2, 4-26-2007)
Apartment, efficiency. The term "apartment, efficiency," shall mean a dwelling unit consisting of one room, other than a bathroom, providing cooking facilities.
(Code 1994, § 30-398)
Apartment, garage. The term "apartment, garage," shall mean an accessory building, some portion of which contains living facilities for not more than one family and an enclosed space for one or more automobiles.
(Code 1994, § 30-398)
Appeal. The term "appeal" shall mean a request for a review of the building official's interpretation of any provision of chapter 10, chapter 34, article II, or a means for obtaining review of a decision, determination, order or failure to act by the land development director or building official pursuant to the terms of chapter 34.
(Code 1994, §§ 30-26, 30-398; Ord. No. 2016-06, § 4, 5-12-2016)
Applicant. The term "applicant" shall mean the developer or his duly authorized representative who submits to the village council a plat and related plans for the purpose of obtaining approval thereof.
(Code 1994, § 30-246)
Arcade, game/video. The term "arcade, game/video," shall mean any establishment, room, place or business in which there are available to the public more than three amusement devices which are coin-operated or token-operated or where a fee is charged for the operation of such devices.
(Code 1994, § 30-398)
Area, minimum building. The term "area, minimum building," shall mean the area within the outside perimeter of exterior walls, inclusive of corridors, stairs, closets, thickness of walls, columns or other features, and exclusive of areas open or unobstructed to the sky.
(Code 1994, § 30-398)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for area of shallow flooding , which derived from the Code of 1994, § 30-26.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for area of special flood hazard , which derived from the Code of 1994, §§ 30-26 and 30-398.
Assessed value. The term "assessed value" shall mean the value of a lot or structure as recorded on the most recent assessment rolls recorded in the office of the tax collector of the county.
(Code 1994, § 30-398)
Assisted living facility. The term "assisted living facility" shall mean any building, section or distinct part of a building, private home, boarding home, home for the aged or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals and one or more personal care services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrative personnel. Personal care service does not include medical treatment. This term shall include convalescent care housing, senior housing, residential retirement and life care facilities, and adult congregate living facilities for the physically impaired, mentally retarded, developmentally disabled persons, or persons 60 years of age or older. The term shall not mean "nursing home," "intermediate care facility," or similar facility which provides medical care and support services to persons not capable of independent living. Further, such facilities shall not be used for those persons in need of a structured environment as it is defined herein.
(Code 1994, § 30-398; Ord. No. 2017-05, § 2, 5-11-2017)
State Law reference— Similar provisions, F.S. § 400.402(6).
Auction. The term "auction" shall mean a public sale of real or tangible property, including but not limited to vehicle sales, to the highest bidder by one licensed and authorized for that purpose. The contents specific to the real property may also be offered for sale by bid at the auction. An auction is conducted on the real property that is offered for sale.
(Ord. No. 2010-09, § 2, 7-8-2010; Ord. No. 2013-04, § 2, 2-14-2013)
Authorized official. The term "authorized official" shall mean any employee or agent of the village authorized in writing by the village to administer or enforce the provisions of chapter 78, article IV.
(Code 1994, § 66-182)
Automotive repair establishment. The term "automotive repair establishment" shall mean the following:
(1)
Minor repair. The term "minor repair" shall mean a retail sales and service establishment which shall include only those repairs able to be effected within one working day, such as brake repairs, engine tune-ups, oil changes, lubrications, front end alignments, etc. No outdoor sales, repairs or service work shall be allowed. Repair services of a major nature, including, but not limited to, engine overhauls, transmission overhauls or body work, shall be prohibited. Outdoor storage or display of vehicles, parts, equipment or tires shall be prohibited. The service or repair of trucks or other similar vehicles which exceed a one-ton rated capacity shall be prohibited. No vehicle with body damage or vehicle components exposed to view from a public roadway shall be permitted.
(2)
Major repair. The term "major repair" shall mean a retail sales and service establishment which provides for the painting, repainting or retouching and/or major mechanical repairs and adjustments of motor vehicles, such as engine overhauls, transmission overhauls, etc., which usually require more than one working day for service. No outdoor sales, repairs or service work shall be allowed. Outdoor storage or display of vehicles, parts, equipment or tires shall be prohibited. No vehicle with body damage or components exposed to view from a public roadway shall be permitted.
(Code 1994, § 30-398)
Awning. The term "awning" shall mean any moveable, rooflike structure cantilevered or otherwise entirely supported from a building, so constructed and erected as to permit its being readily and easily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable.
(Code 1994, § 30-398)
Awning sign. The term "awning sign" shall mean any sign which is painted on or otherwise affixed to an awning made of flexible cloth material which covers a metal, wood or composite frame.
(Code 1994, § 30-176)
Backhaul network. The term "backhaul network" shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers, or the public switched telephone network.
(Code 1994, § 30-905)
Bakery. The term "bakery" shall mean an establishment engaged solely in the retail sale to the consumer of products such as breads, cakes and pies, and which produces some or all of the products sold on the premises.
(Code 1994, § 30-398)
Banner. The term "banner" shall mean any sign having the characters, letters, illustrations or ornamentations applied to cloth, paper, balloons or fabrics of any kind with only those materials for a foundation.
(Code 1994, § 30-176)
Bar. The term "bar" shall mean any place of business where alcoholic beverages are sold or offered for sale for consumption on the premises, and where the sale of food is less than 51 percent of its gross revenue or where no food is sold, and includes any establishment in receipt of a valid alcoholic beverage license from the state which permits the sale for consumption on the premises of alcoholic beverages as a principal use with an occupancy level of less than 150 persons.
(Code 1994, § 30-398; Ord. No. 2010-05, § 2, 4-8-2010)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for base flood , which derived from the Code of 1994, §§ 30-26 and 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for base flood elevation , which derived from the Code of 1994, § 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for basement , which derived from the Code of 1994, §§ 30-26 and 30-398, and Ord. No. 2006-32, § 2, adopted May 25, 2006.
Bedroom. The term "bedroom" shall mean a room, other than a kitchen, dining room, living room, bathroom or closet, which is marketed, designed or otherwise likely to function primarily for sleeping.
(Code 1994, § 30-398)
Belvedere. The term "belvedere" shall mean a structure, such as a summerhouse or an open-roofed pavilion type shelter, situated so as to command a particular view, natural feature or weather variable.
(Code 1994, § 30-398)
Billboard. The term "billboard" shall mean any framework for signs advertising merchandise, services or entertainment sold, produced, manufactured or furnished at a place other than the location of the structure.
(Code 1994, § 30-176)
Biochemical oxygen demand (BOD). The term "biochemical oxygen demand (BOD)" shall mean the laboratory determination of the total quantity of oxygen utilized in the biochemical oxidation of organic matter or in satisfying the oxygen demand of other materials present during incubation for a given time and at a specified temperature. BOD is commonly reported as parts per million (ppm) or milligrams per liter (mg/l) of oxygen used in a period of five days at 20 degrees Celsius.
(Code 1994, § 66-36)
Blank copy. The term "blank copy" shall mean any paraphernalia, including pennants, streamers and banners, that are intended solely to attract attention, and which contain no letters or symbols.
(Code 1994, § 30-176)
Block. The term "block" shall mean a parcel or tract of land entirely surrounded by streets, streams, railroad rights-of-way, parks, cemeteries, bulkhead lines, shorelines, waterways, other public spaces or corporate boundary lines of the village, or a combination thereof.
(Code 1994, §§ 30-246, 30-398)
Board of adjustment. The term "board of adjustment" shall mean the village board of adjustment as set forth under the terms of chapter 34, article VI.
(Code 1994, § 30-398)
Boarder. The term "boarder" shall mean any person hiring or occupying a room for living or sleeping purposes. Such term includes the term "lodger."
(Code 1994, § 30-398)
Boardinghouse. The term "boardinghouse" shall mean a building, other than a hotel, where, for compensation, pursuant to previous arrangement, lodging or lodging and meals are provided for three or more boarders.
(Code 1994, § 30-398)
Boat. The term "boat" shall mean any watercraft, with or without an internal or external power source, capable of carrying a person or cargo over or through a water body, including personal watercraft, and air boats.
(Ord. No. 2007-08, § 2, 4-26-2007)
Bookstore. The term "bookstore" shall mean an establishment engaged in the retail sale of new books, magazines and accessory supplies.
(Code 1994, § 30-398)
Bottle club. The term "bottle club" shall have the meaning as set for in F.S. § 561.01.
(Ord. No. 2010-05, § 2, 4-8-2010)
Branch. The term "branch" shall mean a secondary shoot or stem arising from one of the main axes (i.e., trunk or leader) of a tree. (See also the definition of the term Limb. )
(Code 1994, § 30-88)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for breakaway wall , which derived from the Code of 1994, § 30-26.
Breezeway. The term "breezeway" shall mean a roofed, open-sided passageway connecting two separate structures or two separate portions of the same structure.
(Code 1994, § 30-398)
Buffer. The term "buffer" shall mean a:
(1)
Landscape design feature constructed within a site to provide an abrupt transition between otherwise incompatible land uses and which is arranged so as to reduce or eliminate visual and auditory contact and physical pedestrian and vehicular passage between the areas being separated. A buffer may consist of living plants (such as a hedge), structures (such as a wall or fence), changes in grade (such as a berm), or thickly vegetated natural area, or a permitted combination thereof.
(2)
Land area used to visibly separate one use from another or to shield or block noise, lights or other nuisances. Such land area can be a landscape strip.
(Code 1994, §§ 30-88, 30-398)
Buildable area. The term "buildable area" shall mean that portion of a lot or building site remaining for purposes of erecting or constructing a building, after setbacks have been provided.
(Code 1994, § 30-398)
Building. The term "building" shall mean:
(1)
Any structure constructed or built for the support, shelter, enclosure or protection of chattels, persons, animals, etc. Such term includes the term "structure" and shall include anything constructed or erected which requires permanent location on the ground and shall include, but not be limited to, such structures as homes, hotels, motels, apartments, stores, service stations, etc. Such term shall be construed as if followed by the term "or part thereof."
(2)
A single structure which is permanently affixed to the land, and has one or more floors and a room. A building may, for example, consist of a one-family residence; a series of townhouses; a row of apartments with individual entrances; an apartment house; or a single store or a row of stores, depending on the location of the lot lines. Carports and garages which are not an integral part of the main building are considered accessory buildings as defined in this section.
(Code 1994, §§ 30-26, 30-246, 30-398)
Building area. The term "building area" shall mean the total of all roofed or undercover areas of the principal and accessory buildings.
(Code 1994, § 30-398)
Building code administrator. The term "building code administrator" shall mean that person who is appointed by the village manager and is charged with the responsibility of enforcing and administering the various land and building regulations of the village.
(Code 1994, § 30-398)
Building, detached. The term "building, detached," shall mean a building having no party walls in common with another building.
(Code 1994, § 30-398)
Building drain and house drain. The terms "building drain" and "house drain" shall mean that part of the lowest horizontal piping of a house drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys the drainage to the house sewer.
(Code 1994, § 66-36)
Building face. The term "building face" shall mean that portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
(Code 1994, § 30-176)
Building front. The term "building front" shall mean that exterior wall of a building which faces a front lot line of the lot.
(Code 1994, § 30-398)
Building, height of, means the vertical distance measured from the existing average elevation of the highest adjacent grade, at the base of the building to the highest point of the building or roof. Height shall be measured to the highest point of the following:
(1)
The coping of a flat roof;
(2)
The average height level between the eaves and roof ridge or peak with gable, hip, or gambrel roofs;
(3)
Deck lines on a mansard roof;
for a roof with equipment which exceeds more than four feet above the highest point of the roof. Stairways, elevator penthouses, and accessory operating equipment enclosed within the roofline are excluded, as are screens to conceal facilities on the roof provided that the screen is not under a roof and is less than ten feet in height.
(Code 1994, § 30-398; Ord. No. 2006-32, § 2, 5-25-2006)
Building line. The term "building line" shall mean 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 chapter 34, article VI. The building line delineates the area in which buildings are permitted, subject to all applicable provisions of chapter 34, article VI.
(Code 1994, § 30-398)
Building, nonconforming. The term "building, nonconforming," shall mean a legally existing building which fails to comply with the regulations for height, number of stories, size, area, yards, location and use set forth in the applicable division of chapter 34, article VI for the district in which the building is located.
(Code 1994, § 30-398)
Building official. The term "building official" shall mean the individual designated by the village manager as the enforcing administrative officer of chapter 34, article IV.
(Code 1994, § 30-176)
Building, open. The term "open building" shall mean a building having each wall at least 80 percent open.
(Ord. No. 2013-04, § 2, 2-14-2013)
Building or house drainage system. The term "building or house drainage system" shall mean that part of the plumbing system which receives, conveys and removes liquid and water-carried wastes to a house drain.
(Code 1994, § 66-36)
Building, partially enclosed. The term "partially enclosed building" shall mean a building that complies with both of the following conditions:
(1)
The total area of openings in a wall that receives positive external pressure exceeds the sum of the areas of openings in the balance of the building envelope (walls and roof) by more than ten percent.
(2)
The total area of openings in a wall that receives positive external pressure exceeds four ft (0.37 m ) or one percent of that wall, whichever is smaller, and the percentage of openings in the balance of the building envelope does not exceed 20 percent.
(Ord. No. 2013-04, § 2, 2-14-2013)
Building permit. The term "building permit" shall mean the document or certificate issued by the village building code administrator which verifies adherence to all applicable development regulations and gives permission to the permit applicant to proceed with the actions for which the permit was requested.
(Code 1994, § 30-398)
Building, principal. The term "building, principal," shall mean 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.
(Code 1994, § 30-398)
Building site. The term "building site" shall mean a portion or parcel of land considered as a unit, devoted to a certain use, or occupied by a building or group of buildings that are united by a common interest or use, and the customary accessories and open spaces belonging thereto.
(Code 1994, § 30-398)
Bulk. The term "bulk" shall mean the size of buildings or other structures and their relationship to each other and to open areas and lot lines.
(Code 1994, § 30-398)
Bulkhead. The term "bulkhead" shall mean a structural retaining wall built along a body of water, behind which fill is placed, and commonly referred to as a "seawall."
(Code 1994, § 30-398)
Bulk regulation. The term "bulk regulation" shall mean standards within chapter 34, article VI, which control the height, density, intensity and location of structures.
(Code 1994, § 30-398)
Bulletin board. The term "bulletin board" shall mean a sign of permanent character, but with removable letters, words or numerals, indicating the names of persons associated with events conducted upon, or products or services offered upon, the place where the sign is maintained, and also known as a "changeable copy sign."
(Code 1994, § 30-176)
Bullpen storage. The term "bullpen storage" shall mean an area of a vehicle sales establishment where cars are parked/stored nose to end and side by side without reference to parking stalls, back-up distances, striping, or wheel stops and is not available for viewing by the public.
(Ord. No. 2013-04, § 2, 2-14-2013)
Bus. The term "bus" shall mean any motor vehicle used or originally designed for transporting ten or more passengers, whether or not such transportation is for compensation.
(Code 1994, § 30-398)
Business office . See Office, business .
(Code 1994, § 30-398; Ord. No. 2017, § 2, 12-8-2011)
Business owner. Except when specific reference is made to the owner of the physical location or premises, the term "business owner" shall include the owner, operator, manager, promoter or other person having supervision over a business defined herein.
(Ord. No. 2010-05, § 2, 4-8-2010)
Business, profession and occupation. The terms "business," "profession," and "occupation" shall not include the religious, charitable or education activities of nonprofit religious, nonprofit charitable, and nonprofit educational institutions in this state, which institutions in the state or their students, members, agents or employees and are more particularly defined and limited as follows:
(1)
Religious institutions means churches and ecclesiastical or denominational organizations or established physical places for worship in this state at which nonprofit religious services and activities are regularly conducted and carried on, and also means church cemeteries.
(2)
Educational institutions means state tax-supported or parochial, church and nonprofit private schools, colleges, or universities conducting regular classes and courses of study required for accreditation by or membership in the Southern Association of Colleges and Schools, the Department of Education, or the Florida Council of Independent Schools. Nonprofit libraries, art galleries and museums open to the public are defined as educational institutions and eligible for exemption.
(3)
Charitable institutions means only nonprofit corporations operating physical facilities in this state at which are provided charitable services, a reasonable percentage of which are without cost to those unable to pay.
(Code 1994, § 58-76; Ord. No. 2007-01, § 2, 1-11-2007)
Business service. The term "business service" shall mean a commercial activity primarily conducted in an office, which does not involve the sale of goods or commodities, nor dispensing a personal service, and includes such businesses as real estate brokers, insurance agents, accountants, consultants, financial institutions or similar uses.
(Code 1994, § 30-398)
Cabana. The term "cabana" shall mean an enclosed or screened-in structure which is constructed on a concrete slab with CBS and stucco or poured concrete and stucco walls, (or wood frame construction), a hard roofing system, and which is subject to the Florida Building Code. Manufactured buildings, factory-built housing, mobile homes, sheds and other similar assembled buildings shall not be considered to be a cabana. A cabana may be used for the purpose of private recreational activity, which is an accessory use to a residential use, and which shall not exceed 600 square feet. A cabana shall not be used for habitation or as a dwelling unit, and shall not be equipped with cooking facilities. A cabana, shall specifically include, but not be limited to, detached structures which are used as a craft or hobby room, a pool or game room, a home office (but not open to the general public for any business), a play-room room (but not used for home day care purposes), or a tool-room or workshop.
(Code 1994, § 30-398; Ord. No. 2006-32, § 2, 5-25-2006; Ord. No. 2007-08, § 2, 4-26-2007)
Cannabis cultivation . The term "cannabis cultivation" is use of any property, in whole or in part, including inside buildings, for the growing or cultivation of cannabis plant(s), whether or not such growing or cultivation is lawful under federal or state law.
(Ord. No. 2014-26, § 4, 11-13-2014)
Canopy. The term "canopy" shall mean:
(1)
The upper portion of a tree, consisting of limbs, branches and leaves.
(2)
A rooflike structure composed of any material, which projects from the wall of a building and overhangs the building setback line.
(Code 1994, §§ 30-88, 30-398)
Canopy sign. The term "canopy sign" shall mean a sign suspended from, attached to or forming a part of a building canopy made of rigid materials, and attached to and supported by columns, poles or braces extending to the ground.
(Code 1994, § 30-176)
Canvasser. The term "canvasser" shall mean a person who attempts to make personal contact with a resident at his residence without prior specific invitation or appointment from the resident, for the primary purpose of:
(1)
Attempting to enlist support for or against a particular religion, philosophy, ideology, political party or issue of candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause; or
(2)
Distributing a handbill or flyer advertising a noncommercial event or service.
Carport. The term "carport" shall mean a roofed area, open on one, two, three or four sides, which is freestanding or attached to a building for the storage of one or more vehicles.
(Code 1994, § 30-398)
Carwash. The term "carwash" shall mean a building, or portion thereof, which contains facilities for washing vehicles and which uses production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices and which may employ some hand labor. No self-service wash facilities shall be permitted or are intended as part of this definition.
(Code 1994, § 30-398)
Cemetery. The term "cemetery" shall mean a place dedicated to and used or intended to be used for the permanent interment of human or animal remains. A cemetery may contain land or earth interment; mausoleum, vault or crypt interment; a columbarium or other structure or place used or intended to be used for the interment of cremated human or animal remains; or any combination of one or more of such structures or places.
(Code 1994, § 30-398)
Centerline of pavement. The term "centerline of pavement" shall mean the line midway between the right-of-way lines or the surveyed and prescribed centerline of pavement established by the village or county, which may or may not be the line midway between the existing or proposed right-of-way lines.
(Code 1994, § 30-398)
Central water system. See the definition of the term water system, central.
(Code 1994, § 30-246)
Certificate of occupancy. The term "certificate of occupancy" shall mean a document issued by the proper authority, allowing the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances of the village.
(Code 1994, § 30-398)
Changeable copy sign. The term "changeable copy sign" shall mean a sign which is constructed so that the sign letters, words, numbers and other symbols on the face may be changed from time to time, regardless of how the letters, words, numbers or other symbols are attached or projected onto the face.
(Code 1994, § 30-176)
Changeable electronic sign. The term "changeable electronic sign" shall mean any on-premises sign that is capable of changing its message, copy or appearance by electronic or mechanical processes, and shall include but not be limited to those signs employing changeable message light emitting diode technology, commonly referred to as LED signs.
(Ord. No. 2012-29, § 2, 1-10-2013)
Charter. The term "Charter" shall mean the:
(1)
Charter of the Village of Palm Springs, Florida.
(2)
Document issued to the village and established pursuant to the applicable laws of the state, creating the village as a municipal corporation and defining its privileges, purpose, powers and duties.
(Code 1994, §§ 1-2, 30-398)
Chattel. The term "chattel" shall mean personal property, as contrasted with real estate.
(Code 1994, § 30-398)
Child care facility. The term "child care facility" shall mean an establishment which provides care or instruction for more than five children, operated on a regular basis and which is consistent with all other provisions of state law.
(Code 1994, § 30-398)
Chlorine demand. The term "chlorine demand" shall mean the amount of chlorine, expressed in milligrams per liter, which will complete the normal reactions with all chemicals and materials in the waste, leaving an excess of 0.1 milligram per liter after 15 minutes contact time at room temperature.
(Code 1994, § 66-36)
Church and places of worship. The terms "church" and "places of worship" shall mean a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
(Code 1994, § 30-398)
City/village planning. The term "city/village planning" shall mean the decision-making process by which goals, objectives and plan recommendations (policies) are established; existing resources and conditions are analyzed; strategies are developed; and controls are enacted to achieve desired development within the village.
(Code 1994, § 30-398)
Classification. The term "classification" shall mean the method by which a business or group of businesses is identified by size or type, or both.
(Code 1994, § 58-76)
Clinic, medical. See Office, medical or dental.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Club. The term "club" shall mean buildings or facilities owned or operated by a corporation, association or persons for a social, educational, fraternal, medical, religious or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(Code 1994, § 30-398)
Clubhouse. The term "clubhouse" shall mean a fully enclosed, air conditioned structure used for the purpose of private recreational activities of a homeowners' group or condominium association, which is accessory to a residential use and which has offices, meeting rooms, culinary facilities and adequate restroom facilities.
(Code 1994, § 30-398)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for coastal high hazard , which derived from the Code of 1994, § 30-26.
Code. The term "Code" shall mean the Code of Ordinances, Village of Palm Springs, Florida, as designated in section 1-1.
(Code 1994, § 1-2)
Code enforcement officer. The term "code enforcement officer" shall mean the individual designated by the village manager as the enforcing administrative official for this Code.
(Code 1994, § 30-88)
Combined sewage. The term "combined sewage" shall mean a sewage containing both wastewater and surface water or stormwater, with or without industrial wastes.
(Code 1994, § 66-36)
Commercial building. The term "commercial building" shall mean a building used only for commercial use.
(Code 1994, § 30-398)
Commercial recreation facility. The term "commercial recreation facility" shall mean a building, structure, room, open area, park, playground, etc., which is open to the public for a fee, charge or gratuity and provides recreation or amusement activities for commercial gain or profit.
(Code 1994, § 30-398)
Commercial use. The term "commercial use" shall mean an establishment which supplies commodities and services to the general public, including retail consumer goods, and professional, business and personal services.
(Code 1994, § 30-398)
Commercial vehicle. The term "commercial vehicle" shall mean any vehicle of any nature which is used for hire or for profit.
(Code 1994, § 30-398)
Common area. The term "common area" shall mean the total area not designated for rental to tenants and which is available for common use by all tenants and their invitees, including, but not limited to, such areas as parking lots and their appurtenances, lobbies, sidewalks, landscaped areas, public restrooms, loading and service facilities, etc.
(Code 1994, § 30-398)
Community center. The term "community center" shall mean a building or structure used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.
(Code 1994, § 30-398)
Community residential home. The term "community residential home" shall mean a dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services or licensed by the agency for health care administration, pursuant to F.S. § 419.001, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents.
(Code 1994, § 30-772; Ord. No. 2012-26, § 2, 10-11-2012; Ord. No. 2017-05, § 2, 5-11-2017)
Compatible use. The term "compatible use" shall mean a use which is capable of existing in harmony with other uses situated in its immediate vicinity.
(Code 1994, § 30-398)
Completely enclosed. The term "completely enclosed" shall mean a building separated on all sides from the adjacent open area or from other buildings or structures by a permanent roof and exterior walls, pierced only by windows, or entrance or exit doors normally provided for the accommodation of persons, goods or vehicles.
(Code 1994, § 30-398)
Comprehensive development plan. The term "comprehensive development plan" shall mean the composite of the village comprehensive development plan, all accompanying maps, charts and explanatory material adopted by the village council, and all amendments thereto, all in accordance with the state planning laws.
(Code 1994, § 30-398)
Comprehensive plan. The term "comprehensive plan" shall mean the general development plan or land use plan which establishes policies for the future development of the village and as adopted by the village as a guide.
(Code 1994, § 30-246)
Computation of time. In computing any period of time prescribed or allowed, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event, the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
(Code 1994, § 1-2)
Concessionaire . The term "concessionaire" shall mean a person who holds a concession or a right granted to conduct a certain business, such as a refreshment stand at a recreational center. A concessionaire is not a mobile food vendor.
(Ord. No. 2013-06, § 2, 2-28-2013)
Condominium . The term "condominium" shall mean an apartment in which the units are individually owned. Each unit shares joint ownership of common facilities including, but not limited to, hallways, elevators, and exterior areas that are governed by conditions, covenants and restrictions as recorded in a legal Declaration and recorded in the official records for Palm Beach County.
(Code 1994, § 30-398; Ord. No. 2014-06, § 3, 5-8-2014)
Confectionery. The term "confectionery" shall mean an establishment engaged solely in the preparation and production of candy products for direct retail sale to the consumer on the premises.
(Code 1994, § 30-398)
Conjunctions. In a provision involving two or more items, conditions, provisions or events, which items, conditions, provisions or events are connected by the conjunction "and," "or" or "either…or," the conjunction shall be interpreted as follows:
(1)
"And" indicates that all the connected terms, conditions, provisions or events apply.
(2)
"Or" indicates that the connected terms, conditions, provisions or events apply singly or in any combination.
(3)
"Either…or" indicates that the connected terms, conditions, provisions or events apply singly, but not in combination.
(4)
All other provisions notwithstanding, in appropriate cases, the terms "and" and "or" are interchangeable.
(Code 1994, § 1-2)
Contiguous. The term "contiguous" shall mean lands which actually touch each other.
(Code 1994, § 30-398)
Contractors. The term "contractors" shall include, but not limited to, general contractors, carpenters, electricians, plumbers, building contractors, pool contractors, bridge and road contractors and any person involved in the construction, demolition, repair, installation, improvement or development of any building, road or bridge.
(Code 1994, § 58-78)
Convenience (food and beverage) store. The term "convenience (food and beverage) store" shall mean a retail establishment which is usually open for extended daily hours of business, usually located as a single entity or in a strip building configuration along major roadways, which is normally a self-service facility not dependent upon comparison shopping, and, by its manner of display and merchandising, usually sells a limited selection of items and brands of prepackaged foods, ready-to-eat foods, beverages, dairy products and sundries, all of which are usually purchased for immediate use, and may be developed with facilities for the dispensing and sale of vehicular fuels, but with no sale of tires, batteries or similar accessories. If such establishment is combined with fuel sales and dispensing, it shall be regulated as a service station (full service).
(Code 1994, § 30-398)
Cooling water. The term "cooling water" shall mean the water discharged from any system of condensation, air conditioning, cooling, refrigeration or other source. It shall contain no polluting substances which would produce BOD or SS each in excess of ten parts per million by weight or toxic substances as limited in the regulations set forth in chapter 78.
(Code 1994, § 66-36)
Corner lot. The term "corner lot" shall mean either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two or more streets.
(Code 1994, § 30-398)
Cornice. The term "cornice" shall mean the horizontal projecting part of the roof crowning the wall of a building; the juncture which connects a vertical wall to the horizontal portion of the roof at the roofline.
(Code 1994, § 30-398)
Cost per pound of removing pollutants. The term "cost per pound of removing pollutants" shall mean the cost, in dollars, per pound of removing pollutants from the sewage discharged into the sewer system, expressed to the nearest $0.001, as certified by the village pursuant to applicable rules and regulations of the village council.
(Code 1994, § 66-36)
Council or village council. The term "council" or "village council" shall mean the village council of the Village of Palm Springs, or its duly authorized representative.
(Code 1994, §§ 1-2, 30-246)
County. The term "county" shall mean Palm Beach County, Florida.
(Code 1994, § 1-2)
County commission. The term "county commission" shall mean the board of county commissioners of the county.
(Code 1994, § 30-246)
County engineer. The term "county engineer" shall mean the county engineer or his duly authorized representative.
(Code 1994, § 30-246)
County standards. The term "county standards" shall mean the minimum specifications, design standards and construction details as compiled by the office of the county engineer and adopted by the board of county commissioners as the Palm Beach County Construction Standards and Details.
(Code 1994, § 30-246)
Court. The term "court" shall mean an open, unoccupied space on the same lot and fully enclosed on at least three adjacent sides by walls of the buildings. The term "outer court" shall mean any court facing, for its full required width, on a street or on any other required open space not a court. The term "inner court" shall mean any other required court.
(Code 1994, § 30-398)
Coverage, ground. See the definition of the term Lot coverage.
(Code 1994, § 30-398)
Crematory. The term "crematory" shall mean a facility where dead human or animal bodies or remains are reduced to a residue, including bone fragments, by direct flame (also referred to as "cremation"), or by intense heat (also referred to as "calcination").
(Code 1994, § 30-398)
Crown level of street. The term "crown level of street" shall mean the centerline elevation of the contiguous street; an inverted crown shall be referred to the edge of pavement.
(Code 1994, § 30-398)
Cul-de-sac and dead-end street. The terms "cul-de-sac" and "dead-end street" shall mean a minor street with only one outlet, terminating at one end with usually a circular turnaround.
(Code 1994, §§ 30-246, 30-398)
Curb. The term "curb" shall mean a stone or concrete boundary, usually marking the edge of a roadway or paved area.
(Code 1994, § 30-398)
Curb cut. The term "curb cut" shall mean an indentation or depression through or into a raised curb, forming a driveway or walkway.
(Code 1994, § 30-398)
Curb level. The term "curb level" shall mean the level of the established curb in front of a building, measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the curb level.
(Code 1994, § 30-398)
Current. The term "current" shall mean specifications, design standards and construction details in effect or as may be changed from time to time or amended from time to time. Such term shall also be applied at the time a plat or development plan is presented for acceptance or approval.
(Code 1994, § 30-246)
Dance hall. The term "dance hall" shall mean any establishment or property open to the public that has music either live or electronically produced or transmitted and space available for dancing or dancing is permitted whether such dancing takes place or not. Dance halls shall allow admission by payment of a direct or indirect charge, fee, donation, or any form of consideration, or by the purchase, possession or presentation of a ticket or token. A dance hall shall not sell or serve alcoholic beverages or allow alcoholic beverages to be brought on the premises. Dance halls include:
(1)
Juvenile dance hall, which permits patrons under the age of 18 and whose hours of operation are restricted to the hours of 4:00 p.m. and 11:00 p.m.; and
(2)
Adult dance hall, which permits only patrons 18 and older and whose hours of operation are restricted to the hours of 8:00 p.m. and 2:00 a.m.
(Ord. No. 2010-05, § 2, 4-8-2010)
Dedication. The term "dedication" shall mean 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 interest, including an easement.
(Code 1994, § 30-398)
Delegation of authority. A provision that authorizes or requires a village officer or village employee to perform an act or make a decision authorizes such officer or employee to act or make a decision through subordinates.
(Code 1994, § 1-2)
Density. The term "density" shall mean an existing or projected mathematical relationship between numbers of dwelling units and gross land and water area. Unless otherwise specified, such term shall include the term "gross density."
(Code 1994, § 30-398)
Department. The term "department" shall mean the utilities department of the village.
(Code 1994, § 66-36)
Department of transportation. The term "department of transportation" shall include the term "state standards," and as used in chapter 34, article V, shall refer to the state department of transportation standard specifications for road and bridge construction, as currently adopted and in use.
(Code 1994, § 30-246)
Development. The term "development" shall mean:
(1)
Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, mining, dredging, filling, grading, paving, excavating, drilling operations, temporary or permanent storage of equipment or materials, or any other land disturbing activities.
(2)
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any buildings, any extension of any use of land or any clearing, grading or other movement of land, for which permission may be required pursuant to chapter 34, article VI.
(Code 1994, §§ 30-246, 30-398; Ord. No. 2016-06, § 4, 5-12-2016)
Developer. The term "developer" shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under chapter 34, article VI or chapter 34, article V, to effect the subdivision of land in the village. Inasmuch as the subdivision plat is merely a necessary means to the end of ensuring a satisfactory development under the terms of chapter 34, article V, the term "developer" is intended to include the term "subdivider," even though the persons involved in successive stages of the project may vary.
(Code 1994, §§ 30-246, 30-398)
Developer's engineer. The term "developer's engineer" shall mean a professional engineer, registered in the state, and engaged by the developer to plan and supervise the construction of the work required under chapter 34 to effect subdivision of land in the village.
(Code 1994, § 30-246)
Directional sign. The term "directional sign" shall mean any sign permanently or temporarily erected by or with the approval of the village or any authorized government agency to denote the route to any historic place, shrine or hospital; signs directing and regulating traffic; notices of any transportation or transmission company necessary for the direction or safety of the public; signs, notices or symbols as to the time and place of public meetings; any entrance signs into or exit signs from parking lots open to the public; and any signs indicating the location of an automated teller machine (ATM) in parking lots.
(Code 1994, § 30-176)
Director. The term "director" shall mean the director of public services.
(Code 1994, § 66-182)
Discharge. The term "discharge" shall mean any direct or indirect entry of any solid, liquid or gaseous matter.
(Code 1994, § 66-182)
District. The term "district" shall mean:
(1)
Any certain described area of the village to which the regulations of chapter 34 apply and within which the zoning regulations are uniform.
(2)
For the purposes of chapter 78, article III, the South Florida Water Management District.
(Code 1994, §§ 30-398, 66-152)
District boundary change. See the definition of the term Rezoning.
(Code 1994, § 30-398)
Diversion chamber. The term "diversion chamber" shall mean a structure which diverts wastewater into a regulator chamber until that time when it can be admitted into a sanitary sewer.
(Code 1994, § 66-36)
Dock, private. The term "dock, private," shall mean a structure built on or over the water, which is designed or used to provide anchorage for an access to one or more boats for private use. Private docks are considered accessory uses and no cooking, sleeping or business activity shall be permitted on the docks or in vessels adjacent to such docks.
(Code 1994, § 30-398)
Double-faced sign. The term "double-faced sign" shall mean a sign with two faces which are always parallel and back-to-back.
(Code 1994, § 30-176)
Drainage. The term "drainage" shall mean the removal of surface water or groundwater from land by drains, grading or other means. Such term 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.
(Code 1994, § 30-398)
Dripline. The term "dripline" shall mean the perimeter area surrounding the canopy of a tree at ground level corresponding to the natural (unpruned) extent of its canopy.
(Code 1994, § 30-88)
Driveway. The term "driveway" shall mean that space specifically designated and reserved on the site for the movement of vehicles from one site to another or from a site to a public street.
(Code 1994, § 30-398)
Drought-tolerant tree. The term "drought-tolerant tree" shall mean a tree, excluding prohibited or controlled species, classified as very or moderately drought tolerant in the South Florida Water Management District Xeriscape Plan Guide.
(Code 1994, § 30-88)
Drugstore. The term "drugstore" shall mean a store engaged in the sale of prescription and non-prescription drugs and other items not necessarily related to pharmaceuticals. Accessory services such as photo processing, eyeglass care, and vaccinations may also be offered.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Dual front. The term "dual front" shall mean a building designed or constructed so as to present the appearance of having two fronts.
(Code 1994, § 30-398)
Duplex. The term "duplex" shall mean a single story or two-story building designed to accommodate two families living independently of each other. The building will have two addresses, two kitchens and two electric and water meters.
(Code 1994, § 30-398)
Dwelling. The term "dwelling" shall mean any building or structure designed exclusively for residential occupancy. Such term shall be deemed and construed to include both the main portion of such structure and all projections therefrom, such as windows, bays, exterior chimneys, covered porches or porticoes, including any garages or carports incorporated within or forming a part thereof, but shall not include the eaves of such structures, nor any open patio, nor any uncovered porch, stoop or steps. A dwelling may be designed and built for the use of family or multiple-family occupancy, but does not include a hotel, club, motel, boardinghouse or lodginghouse, or automobile, house trailer or any recreation vehicle, whether such trailer or vehicle is mobile or located in a stationary fashion on blocks or other foundation.
(Code 1994, § 30-398)
Dwelling, attached. The term "dwelling, attached," shall mean a dwelling which is joined to another dwelling at one or more sides by a party wall.
(Code 1994, § 30-398)
Dwelling, detached. The term "dwelling, detached," shall mean a dwelling which is entirely surrounded by open space on the same lot.
(Code 1994, § 30-398)
Dwelling, group. The term "dwelling, group," shall mean a group of two or more one-family, two-family or multiple-family dwellings occupying a lot in one ownership and having any yard in common.
(Code 1994, § 30-398)
Dwelling, multiple-family. The term "dwelling, multiple-family," shall mean a building containing three or more dwelling units. Multiple-family dwellings include apartments, condominiums, cluster housing and other similar unit types.
(Code 1994, § 30-398)
Dwelling, row. The term "dwelling, row," shall mean a row of attached or semidetached one-family dwellings or two-family dwellings, containing a total of three or more dwelling units, or a building in such a row.
(Code 1994, § 30-398)
Dwelling, single-family. The term "dwelling, single-family," shall mean a building containing only a single dwelling unit.
(Code 1994, § 30-398)
Dwelling unit. The term "dwelling unit" shall mean one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for family purposes and which include lawful cooking space and lawful sanitary facilities reserved for the use of the single-family occupants thereof.
(Code 1994, § 30-398)
Easement and servitude. The terms "easement" and "servitude" shall mean:
(1)
Any strip of land created by a subdivider for public or private utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the property owner, subject to the right of use designated in the reservation of the servitude.
(2)
Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property.
(Code 1994, §§ 30-246, 30-398)
Ecosystem. The term "ecosystem" shall mean a characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among and between species within that specific environment.
(Code 1994, § 30-88)
Educational institution. See the definition of the term School.
(Code 1994, § 30-398)
Efficiency unit. See the definition of the term Apartment, efficiency.
(Code 1994, § 30-398)
Effluent. The term "effluent" shall mean sewage, water or other liquid after some degree of treatment, flowing out of any treatment device or facilities.
(Code 1994, § 66-36)
Egress. The term "egress" shall mean an exit.
(Code 1994, § 30-398)
Electrical sign. See the definition of the term Illuminated sign.
(Code 1994, § 30-176)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for elevated building , which derived from the Code of 1994, § 30-26.
Elevation. The term "elevation" shall mean:
(1)
The vertical distance above or below a fixed reference level, usually mean sea level (0.00) feet.
(2)
A flat scale drawing of the front, rear or side of a building or structure.
(Code 1994, § 30-398)
Eminent domain. The term "eminent domain" shall mean the authority of the village or other government agency to take or authorize the taking of private property for public use.
(Code 1994, § 30-398)
Employee. The term "employee" shall mean any person receiving payment or other emolument for services performed on behalf of a business or other entity which is required to be licensed under the terms of chapter 70.
(Code 1994, § 58-78)
Encroachment. The term "encroachment" shall mean any protrusion of a vehicle outside a parking space, display area or accessway into the landscaped area.
(Code 1994, § 30-88)
Engineer. The term "engineer" shall mean a:
(1)
Person registered as a professional engineer in the state.
(2)
Registered engineer licensed in the state to provide any information of an engineering nature whether civil, electrical or mechanical.
(Code 1994, §§ 30-176, 30-905)
Enlargement. The term "enlargement" shall mean an addition to the floor area of an existing building, an increase in the size of any structure or an increase in that portion of a tract of land occupied by an existing use.
(Code 1994, § 30-398)
Entrance feature. The term "entrance feature" shall mean an identification structure located along the main access to a village-approved subdivision or development. The only advertising on the structure shall be the subdivision or development name and logo.
(Code 1994, § 30-176)
Erect. The term "erect" shall mean to build, construct, reconstruct, attach, hand, place, suspend or affix.
(Code 1994, § 30-398)
Erosion. The term "erosion" shall mean the detachment and movement of soil or rock fragments by water, wind and/or gravity.
(Code 1994, § 30-398)
Establishment. The term "establishment" shall mean an economic unit, generally at a single physical location, where business is conducted or services are offered.
(Code 1994, § 30-398)
Exaction. The term "exaction" shall mean a contribution or payment required as an authorized precondition for receiving a development permit.
(Code 1994, § 30-398)
Existing use. The term "existing use" shall mean the use of a lot, structure or building at the time of the enactment of the ordinance from which chapter 34, article VI is derived.
(Code 1994, § 30-398)
Expressway. The term "expressway" shall mean a street which is used only for the movement of vehicles, providing for no vehicular or pedestrian access to abutting property, except for street access by grade separation interchanges. Access to expressways is not permitted, except at authorized and controlled points. The acquisition of rights-of-way for expressways includes the acquisition of access rights thereof.
(Code 1994, § 30-246)
FAA. The term "FAA" shall mean the Federal Aviation Administration.
(Code 1994, § 30-905)
F.A.C. The abbreviation "F.A.C." shall refer to the Florida Administrative Code, as amended.
(Code 1994, § 1-2)
Family. The term "family" shall mean two or more persons living together and interrelated by bonds of blood, marriage or legal adoption, and/or a group of persons not more than three in number who are not so interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit with a single set of culinary facilities. Any person under the age of 18 years whose legal custody has been awarded to the State Department of Health and Rehabilitative Services or to a child-placing agency licensed by the department, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this definition. Anyone who has applied for or received a reasonable accommodation from this definition prior to March 10, 2016, shall be allowed to proceed under the definition in existence on March 10, 2016, with the total number granted under the reasonable accommodation without having to re-file an application for a reasonable accommodation.
(Code 1994, § 30-398; Ord. No. 2016-01, § 2, 3-10-2016)
Family day care home. The term "family day care home" shall mean an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:
(1)
A maximum of four children from birth to 12 months of age.
(2)
A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.
(3)
A maximum of six preschool children if all are older than 12 months of age.
(4)
A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.
(Code 1994, § 30-398)
State Law reference— Similar provisions, F.S. § 402.302(7).
FCC. The term "FCC" shall mean the Federal Communications Commission.
(Code 1994, § 30-905)
Fence. The term "fence" shall mean a structural or natural physical barrier.
(Code 1994, § 30-398)
Filling station. See the definition of the term Service station (full service).
(Code 1994, § 30-398)
Final permit for land development activity. The term "final permit for land development activity" shall mean any approval of a site plan or subdivision plat, special exception and/or building permit.
(Code 1994, § 30-1002)
Financial institution. See the definition of the term Business service.
(Code 1994, § 30-398)
Firewall. The term "firewall" shall mean a wall or incombustible construction which subdivides a building or separates buildings to restrict the spread of fire and which starts at the foundation and extends continuously through all stories to and above the roof, except where the roof is of fireproof or fire-resistive construction and the wall is carried up tightly against the underside of the roof slab.
(Code 1994, § 30-398)
Fixed obstruction means any permanent building, fixture or wall, or any protected species of tree, or any tree of more than six inches diameter at a height of 4.5 feet above grade (diameter breast height or dbh), but not including those prohibited to be planted within the village. This definition shall not include fences, shrubs, yard accessories, or other nonpermanent structures.
(Ord. No. 2007-08, § 2, 4-26-2007)
Fixed projecting sign. The term "fixed projecting sign" shall mean and include any sign which is attached to a building and supported throughout its length by the wall of the building.
(Code 1994, § 30-176)
Flashing sign. The term "flashing sign" shall mean any illuminated sign which exhibits changes in light or color, and includes any sign used for identification, directional, advertising or promotional purposes that includes approved lighting fixtures which flash, blink, cut on and off intermittently and are used as exterior signs visible from the public right-of-way.
(Code 1994, § 30-176)
Flat sign. See the definition of the term Wall sign.
(Code 1994, § 30-176)
Flea market/swap shop. The term "flea market/swap shop" shall mean an occasional or periodic sales activity held within a building, structure or open area where groups of individual sellers offer new and used goods for sale or trade to the public, not to include private garage sales.
(Code 1994, § 30-398)
Flex-unit. The term "flex-unit" shall mean a combination of offices and warehouses. This can be a construction office for special trade contractors, or a commercial wholesale trade establishment consisting of a mix of small scale, independent business offices, each having a contiguous, accessory enclosed storage/work area which is internally accessible to the office. The minimum percentage of office space supporting the warehouse use shall be 25 percent of the gross floor area.
(Code 1994, § 30-398)
Flood and flooding. The terms "flood" and "flooding shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from the:
(1)
Overflow of inland or tidal waters; or
(2)
Unusual and rapid accumulation or runoff of surface waters from any source.
(Code 1994, §§ 30-26, 30-398)
Flood control and legal positive drainage. The terms "flood control" and "legal positive drainage" shall mean the provision of a storm drainage system meeting the requirements of chapter 34, article V, sufficient to prevent inundation resulting from a three-year storm and which conveys stormwaters to a publicly dedicated and maintained drainage canal or natural watercourse. The connection of the storm drainage system to the publicly dedicated and maintained drainage canal or natural watercourse shall mean a system approved by the agency having jurisdiction over such system, or an alternate proposal for a storm drainage system approved by the village.
(Code 1994, § 30-246)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for flood hazard boundary map , which derived from the Code of 1994, §§ 30-26 and 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for flood insurance rate map , which derived from the Code of 1994, §§ 30-26 and 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for flood insurance study , which derived from the Code of 1994, §§ 30-26 and 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for flood, 100-year , which derived from the Code of 1994, § 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for floodplain and floodprone area , which derived from the Code of 1994, § 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for flood insurance study , which derived from the Code of 1994, § 30-398.
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for floodplain area having special flood hazards , which derived from the Code of 1994, § 30-398.
Floor. The term "floor" shall mean the top surface of an enclosed area in a building, above natural grade, including the basement (i.e., the top of a slab in concrete slab construction or the top of wood flooring in wood frame construction). Such term shall include the floor of a garage which is above natural grade and used solely for parking vehicles.
(Code 1994, §§ 30-26, 30-398; Ord. No. 2006-32, § 2, 5-25-2006)
Floor area, gross. The term "floor area, gross," shall mean the sum of the gross horizontal areas of several floors of a building, measured from the exterior face or exterior walls, or from the centerline of a wall separating two buildings, but not including parking spaces, loading space for motor vehicles or any space where the floor to ceiling height is less than six feet.
(Code 1994, § 30-398)
Floor area, ground. The term "floor area, ground," shall mean the square foot area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways, secondary stairways and drive-through teller lanes, or walkup windows of financial institutions. Ground floor area is the total area used by the village in determining the percentage of lot coverage.
(Code 1994, § 30-398)
Floor area, habitable. See the definition of the term Living area.
Floor area, net. The term "floor area, net," shall mean the area actually occupied, not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms, mechanical areas or other similar features.
(Code 1994, § 30-398)
Floor area ratio. The term "floor area ratio" shall mean the maximum square footage of the total floor area permitted for the total square footage of land area.
(Code 1994, § 30-398)
Force main. The term "force main" shall mean a pipe line on the discharge end of a pump carrying flow under pressure.
(Code 1994, § 66-36)
Fowl. The term "fowl" shall mean any and all fowl, domesticated and wild, male and female.
(Code 1994, § 6-1)
Fraud. The term "fraud" means to commit an intentional violation of law, or a deliberate misrepresentation or concealment, so as to secure unfair or unlawful financial or personal gain.
(Ord. No. 2011-20, § 1, 10-8-2011)
Freestanding canopy shall mean a non-habitable, self-supporting structure, typically used as a shelter for vehicles, boats, trailers, RV's, motorcycles, and other items of personal property which is constructed of non-rigid materials, except for the supporting framework which may include, but is not limited to, metal, wood, concrete, plastic, or PVC, and which is not attached to, or supported by, a building or another structure, and which supporting framework extends to the ground.
(Ord. No. 2007-08, § 2, 4-26-2007)
Freestanding sign, pole sign and pylon sign. The terms "freestanding sign," "pole sign" and "pylon sign" shall mean a detached sign, made of noncombustible materials, and which shall include any signs supported by uprights or braces placed upon or in or supported by the ground, and not attached to any building.
(Code 1994, § 30-176)
Frontage. The term "frontage" shall mean all the property on one side of a dedicated public street or place between two intersecting dedicated public streets or places, measured along the line of the dedicated public street or place, or if the dedicated public street or place is dead-ended, then all of the property abutting on one side between an intersecting dedicated public street or place and the dead-end of the dedicated public street or place. Such term also includes dedicated ingress-egress easements when used for the only means of access.
(Code 1994, § 30-398)
Frontage, lot. The term "frontage, lot," shall mean the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of the term Yards in this section.
(Code 1994, § 30-398)
F.S. The abbreviation "F.S." shall refer to the latest edition of the Florida Statutes, as amended.
(Code 1994, § 1-2)
Functionally dependent facility. The term "functionally dependent facility" shall mean a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. Such term does not include longterm storage or manufacture, sales or service facilities.
(Code 1994, § 30-26)
Garage. The term "garage" shall mean a building, or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing or storing motor-driven vehicles internally and enclosed within the building.
(Code 1994, § 30-398)
Garage apartment. The term "garage apartment" shall mean an accessory building which contains living facilities for not more than one family, and a private garage for one or more automobiles.
(Code 1994, § 30-398)
Garage, mechanical. See the definition of the term Garage.
(Code 1994, § 30-398)
Garage parking, commercial. The term "garage parking, commercial," shall mean a building, or portion thereof, or area beneath a building or structure, except those described as a private garage, used for the parking only of automotive vehicles.
(Code 1994, § 30-398)
Garage, private. The term "garage, private," shall mean an accessory building or a portion of a main building used for the parking of automobiles of the occupants of the main building. A carport may be considered a private garage. (See the definition of the term Carport. )
(Code 1994, § 30-398)
Garage sale. The term "garage sale" shall mean an occasional or periodic sales activity within a building, structure or open area, where an individual owner or resident offers goods, new and used, for sale to the public, not to include flea markets.
(Code 1994, § 30-398)
Gas station. The term "gas station" shall mean a retail establishment which sells gasoline, oils and lubricants only, with no sale or installation of tires, batteries or similar accessories. A gasoline station is not a service station (full service) or a convenience store.
(Code 1994, § 30-398)
Gazebo. The term "gazebo" shall mean a pavilion, belvedere, summerhouse or other similar structure. (See the definition of the term Belvedere. )
(Code 1994, § 30-398)
Gender. Terms of one gender include all other genders.
(Code 1994, § 1-2)
Government service. The term "government service" shall mean any function, facility or utility of the United States, the state, county, village or other district or governmental unit.
(Code 1994, § 30-398)
Governmental use. The term "governmental use" shall mean public land areas and facilities which are utilized for daily administration and operation of government business, which house personnel, records, equipment, etc., belonging to the local, county, state or federal government, or special district or agency.
(Code 1994, § 30-398)
Grade, finished. The term "grade, finished," shall mean a measurement taken by use of the following methods:
(1)
For buildings adjoining one street, only the elevation of the sidewalk at the center of the wall adjoining the street.
(2)
For buildings adjoining more than one street, the average of the elevations of the sidewalk at the centers of all walls adjoining the streets.
(3)
For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(Code 1994, § 30-398)
Graffiti. The term "graffiti" means any writing, drawing, inscribing, etching or carving of figures or marks with paint, spray paint, ink, a knife or any marking device or similar method upon any structure, wall, rock, bridge, fence, gate, roadway, tree, or other real or personal property, either privately or publicly owned.
(Code 1994, § 38-4)
Grease and fats. The terms "grease" and "fats" shall mean any material which is extractable from an acidified sample of a waste by hexane or other designated solvent.
(Code 1994, § 66-36)
Greenhouse. The term "greenhouse" shall mean an enclosed building, permanent or portable, which is used for the growth of small plants.
(Code 1994, § 30-398)
Gross land area. The term "gross land area" shall mean the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project, including the fee simple ownership of adjacent submerged land.
(Code 1994, § 30-398)
Gross leasable area (GLA). The term "gross leasable area (GLA)" shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any; expressed in square feet and measured from the centerline of joint partitions and outside wall faces. GLA is all that area on which the tenants pay rent; the area producing income; and the square footage amount used by the village for determining required parking area.
(Code 1994, § 30-398)
Ground cover. The term "ground cover" shall mean plants, other than turf grass, normally reaching a maximum height of not more than 24 inches at maturity.
(Code 1994, § 30-88)
Ground floor. The term "ground floor" shall mean a level of a building floor which is located not more than two feet below, nor more than six feet above the highest natural grade.
(Code 1994, § 30-398; Ord. No. 2006-32, § 2, 5-25-2006)
Ground sign. See the definition of the term Monument sign.
(Code 1994, § 30-176)
Guest cottage. The term "guest cottage" shall mean a building occupying not more than one-twentieth of the area of a lot on which it is situated, used exclusively for housing members of the family occupying the principal dwelling or their nonpaying guests, and complying with the property development regulations for the district in which it is located. Such quarters shall have no kitchen facilities.
(Code 1994, § 30-398)
Hatracking. The term "hatracking" shall mean the severe cutting back of branches, making internodal cuts to lateral limbs leaving branch stubs. The term "shaping" shall be included in the term "hatracking."
(Code 1994, § 30-88)
Hawker and peddler. The terms "hawker" and "peddler" shall mean a person who attempts to make personal contact with a resident at his residence, without prior specific invitation or appointment from the resident, for the primary purpose of attempting to sell a good or service. The term "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of the visit. Such a person is a "solicitor."
Hazardous material. The term "hazardous material" shall mean and include, but is not limited to, inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium, arsenic, and their common salts; lead, nickel, mercury, and their inorganic salts or metallo-organic derivatives; coal, tar acrids, such as phenol and cresols, and their salts; and all radioactive materials.
(Code 1994, § 30-398)
Heavy industrial uses . The term "heavy industrial uses" shall mean a business which assembles, processes, treats, compounds or packages goods or significant amounts of raw materials. Heavy industrial uses are typically engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, odor, smoke, gas or fumes, heat, humidity, glare, excessive light, or vibration outside of the building.
(Ord. No. 2013-01, § 2, 2-14-2013)
Hedge. The term "hedge" shall mean a landscape barrier consisting of a continuous, dense planting of shrubs.
(Code 1994, § 30-88)
Height. The term "height" shall mean, when referring to a tower or other structure, the distance measured from the zero datum of the lot, as defined in chapter 34, to the highest point on the tower or other structure, including any antenna.
(Code 1994, § 30-905)
High technology industries. High technology industries are those which use new technology to shape the design, development and introduction of new products and innovative production processes, which apply scientific and technical knowledge to problem solving and which conduct a substantial amount of research and development. Office, warehousing, wholesaling, and distribution of the finished products produced at the site are allowed as a component of this use. High technology industries may include research and development, testing, manufacturing, assembly, or repair of biotechnology, pharmaceuticals, medical instruments or supplies, communications and information technology, electronics and instrumentation, and computer hardware and software.
(Ord. No. 2009-29, § 2, 12-11-2008)
Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, if the finished grade is level. If the finished grade is not entirely level, the grade shall be determined by averaging the elevation of the ground at each face of the building, or as otherwise determined by the building official.
(Code 1994, § 30-26; Ord. No. 2006-32, § 2, 5-25-2006)
Hobby vehicle means a vehicle in the process of being restored, which because of its age, model, or composition is considered a collector's item. If the vehicle is registered, and has a current tag as a classic or antique vehicle, it shall be presumed that such vehicle qualifies under this definition.
(Ord. No. 2007-08, § 2, 4-26-2007)
Holiday sales. The term holiday sale shall mean an outdoor sale of merchandise specific to and revolving around a holiday.
(Ord. No. 2010-09, § 2, 7-8-2010)
Home number-nameplate. The term "home number-nameplate" shall mean a number-nameplate, not more than three square feet in area, indicating the apartment or house number-name, identification or location identification.
(Code 1994, § 30-176)
Home occupation. The term "home occupation" shall mean any retail or nonretail business activity carried out by a resident, conducted in the resident's dwelling unit. Such home occupation shall comply with the regulations set forth in chapter 34, article VI.
(Code 1994, § 30-398; Ord. No. 2013-08, § 2, 3-14-2013)
Homeowners' association. The term "homeowners' association" shall mean a community association, other than a condominium association, which is organized in a development in which individual owners share common interest in open space or facilities.
(Code 1994, § 30-398)
Hospital and full service medical facilities. The term "hospital and full service medical facilities" shall mean a facility licensed by the state, which maintains and operates organized facilities for one or more persons for medical or surgical diagnosis, care and other treatment of human illness.
(Code 1994, § 30-398)
Hotel. The term "hotel" shall mean any building principally containing sleeping rooms in which transient guests are lodged, with or without meals, with provisions made for cooking in an individual room or suite of rooms limited to not more than ten percent of the total number of rooms or suites of rooms and having or not having one or more dining rooms, restaurants, cafes or lounges as accessory uses. Such a building would structurally and for purposes of safety be obligated to conform to the laws of the state regulating hotels.
(Code 1994, § 30-398)
Identification sign. The term "identification sign" shall mean a sign, other than a bulletin board sign or nameplate sign, indicating the name of the primary use, the name or address of a building or the name of the management thereof.
(Code 1994, § 30-176)
Illuminated sign and electrical sign. The term "illuminated sign" and "electrical sign" shall mean a sign:
(1)
In which an artificial source of light is used in order to make the message readable, and shall include internally and externally lighted signs.
(2)
Which has characters, letters, figures, designs or outlines illuminated by electric lights or from a remote position.
(Code 1994, §§ 30-176, 30-398)
Impervious surface means a surface such as concrete, asphalt, paver block installed with mortar or concrete, or other surface which completely repels water, including "ribbons" which provide an impervious surface upon which tires are fully supported. This definition does not include mulch, river rock, shell rock or lime rock alone.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Implementation. The term "implementation" shall mean the carrying out or fulfilling of established plans, proposals or policies.
(Code 1994, § 30-398)
Improvement. The term "improvement" shall mean any building, structure, place, work of art or other object which constitutes a physical betterment of real property or any part of such betterment.
(Code 1994, § 30-398)
Includes. The term "includes" does not limit a term to a specified example.
(Code 1994, § 1-2)
Incombustible material. The term "incombustible material" shall mean any material which will not ignite at or below a temperature of 1,200 degrees Fahrenheit and will not continue to burn or glow at that temperature.
(Code 1994, § 30-398)
Incompatible use. The term "incompatible use" shall mean a use which is incapable of existing in harmony with other uses situated in its immediate vicinity.
(Code 1994, § 30-398)
Indoor amusement. The term "indoor amusement" shall mean an establishment engaged in providing for entertainment indoors for a fee or admission charge, including such activities as bowling, pool, billiards, arcades which feature coin-operated or token-operated amusement devices, such as pinball and video games, with three or more devices.
(Code 1994, § 30-398)
Industrial conversion. The term "industrial conversion" shall mean an industrial property that is to be converted to a commercial use, but limited to professional offices and business offices that would be allowed in the LI light industrial land development district.
(Ord. No. 2013-01, § 2, 2-14-2013)
Industrial wastes. The term "industrial wastes" shall mean any liquid, gaseous or solid substances, or a combination thereof, resulting from any process of industry, manufacturing, trade or business, or from the development or recovery of any natural resources.
(Code 1994, § 66-36)
Influent. The term "influent" shall mean sewage, raw or partly treated, flowing into any sewage treatment device or facilities.
(Code 1994, § 66-36)
Infrastructure. The term "infrastructure" shall mean potable water facilities, sanitary sewer facilities, drainage facilities, solid waste facilities and park facilities.
(Code 1994, § 30-1002)
Ingress. The term "ingress" shall mean access or entry.
(Code 1994, § 30-398)
Inoperable vehicle. The term "inoperable vehicle" shall mean any vehicle, whether motorized or nonmotorized, in, upon or by which any person or property is or may be transported or drawn upon a road, which is inoperable because it is wrecked, derelict or partially dismantled. Any vehicle which does not display a current license tag is presumed to be inoperable.
(Code 1994, § 30-398)
Inspection manhole. In order to provide for accurate sampling and measurement of industrial wastes, each industrial plant shall provide, on each of its industrial waste outlet sewers, a large manhole or sampling chamber to be located outside or near its plant boundary line where feasible, and if inside the plant fence, there shall be a gate near the sampling chamber with a key furnished to the village. There shall be ample room in or near each sampling chamber in order to accurately sample and composite the samples for analysis.
(Code 1994, § 66-36)
Institution. The term "institution" shall mean a nonprofit corporation or establishment for public use.
(Code 1994, § 30-398)
Instructional sign. The term "instructional sign" shall mean a sign conveying instruction with respect to the premises on which it is maintained, such as a no trespassing sign, a danger sign and other similar signs which do not show names or advertising, or any sign required by law or necessary for safety.
(Code 1994, § 30-176)
Intent. The term "intent" shall mean the object or statement of purpose toward which any section of chapter 34, article VI strives or for which it exists.
(Code 1994, § 30-398)
Interior parking strip. The term "interior parking strip" shall mean any parking space which is not adjacent to a required landscape strip.
(Code 1994, § 30-398)
Intersection. The term "intersection" shall mean any street, public way or court which joins another at an angle, whether or not it crosses the other.
(Code 1994, § 30-398)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for inundation , which derived from the Code of 1994, § 30-246.
Inventory vehicle. The term "inventory vehicle" shall mean a vehicle that is for sale or lease by a vehicle sales establishment. The title of the inventory vehicle is still in the name of the sales establishment and does not have license tags issued to it by the state.
(Ord. No. 2013-04, § 2, 2-14-2013)
Investment property. The term "investment property" shall mean real estate, the deed for which, when offered for sale, is retained by the seller under contract with the buyer, for the term of the contract.
(Code 1994, § 30-246)
Irrigation system. The term "irrigation system" shall mean a system of pipes or other conduits designed to transport and distribute water to plants.
(Code 1994, § 30-88)
Joint authority. Terms giving a joint authority to three or more persons give such authority to a majority of such persons.
(Code 1994, § 1-2)
Kennel, commercial. The term "kennel, commercial," shall mean any building and land used, designed or arranged to facilitate the raising, breeding, boarding and grooming of such domesticated animals as dogs and cats for profit. Farm animals, such as pigs and chickens (peafowl), or exotic animals, such as snakes, are expressly prohibited.
(Code 1994, § 30-398)
Kennel, private. The term "kennel, private," shall mean any building and land designated or arranged for the care of dogs and cats belonging to the owner of the principal use, kept for purposes of show, hunting or as pets. Such use shall be considered as an accessory use.
(Code 1994, § 30-398)
Kitchen. The term "kitchen" shall mean a space used or designed to be used for the preparation of food.
(Code 1994, § 30-398)
Laboratory. The term "laboratory" shall mean the following:
(1)
Laboratory, clinical. The term "laboratory, clinical," shall mean a laboratory where examinations are performed on materials or specimens taken from the human body, to provide information or materials for use in the diagnosis, prevention or treatment of a disease or the assessment of a medical condition. No manufacturing shall be conducted in connection with such facility. The use or production of any hazardous materials or toxic pollutants is strictly prohibited.
(2)
Laboratory, testing. The term "laboratory, testing," shall mean a building, or part thereof, devoted to the testing and analysis of any product. No manufacturing is conducted on the premises, except for experimental or testing purposes.
(Code 1994, § 30-398)
Laboratory determination. The term "laboratory determination" shall mean the measurements, tests and analyses of the characteristics of waters and wastes in accordance with the methods contained in the latest edition, at the time of the measurements, test or analysis, of the Standard Methods for Examination of Water and Waste Water, a joint publication of the American Public Health Association, the American Waterworks Association and the Water Pollution Control Federation, or in accordance with any other methods prescribed by the village, with the approval of the village council.
(Code 1994, § 66-36)
Land alteration. The term land alteration shall mean any activity which removes vegetation from or changes the topography of the land by grubbing, tree removal, clearing, grading, filling or excavating except for activities undertaken to maintain existing grounds.
(Ord. No. 2017-15, § 2, 7-27-2017)
Land development code. The term "land development code" shall mean the land development (zoning) code of the village, as set out in chapter 34, article VI, as adopted by the village council.
(Code 1994, § 30-176)
Landscape architect. The term "landscape architect" shall mean a person authorized to prepare landscape plans or drawings pursuant to F.S. § 481.301 et seq.
(Code 1994, § 30-88)
Landscaping. The term "landscaping" shall mean any combination of living plants, such as grass, ground cover, shrubs, vines, hedges or trees, and nonliving landscape material, such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials. Such term shall include the preservation and incorporation of existing trees, vegetation or ecosystems into site development.
(Code 1994, § 30-88)
Large employment center. The term "large employment center" shall mean a company that provides at least 50 new positions in the village within the first two years of operation; or expands its operation within the village as a result of creating at least 50 new positions in the two years prior to the issuance of a certificate of occupancy for the new facilities; or a combination thereof. The positions created must provide a minimum of a living wage.
(Ord. No. 2008-29, § 2, 12-11-2008)
Laundromat. The term "laundromat" shall mean an establishment providing washing, drying or dry cleaning machines on the premises for rental use to the general public.
(Code 1994, § 30-398)
Laundry and dry cleaning. The terms "laundry" and "dry cleaning" shall mean a retail service which provides for the washing, drying, dry cleaning and/or ironing of any natural or manmade fabrics. The equipment or machinery necessary to perform such service is not accessible to the general public.
(Code 1994, § 30-398)
Law enforcement officer. The term "law enforcement officer" shall mean any duly sworn law enforcement officer employed by a law enforcement agency within Palm Beach County.
(Ord. No. 2010-05, § 2, 4-8-2010)
Legal access. The term "legal access" shall mean a dedicated or recorded right-of-way, lane, place, alley or easement, excluding utility and drainage easements, affording perpetual ingress and egress from a property to a public roadway.
(Code 1994, § 30-398)
Light industrial uses. The term "light industrial uses" shall mean a business which assembles, processes, treats, compounds or packages goods or significant amounts of raw materials in a manner which does not create noticeable amounts of noise, dust, odor, smoke, gas or fumes, heat, humidity, glare, excessive light, or vibration outside of the building in which the activity takes place which does not generate objectionable amounts of truck traffic or unusual traffic hazards or congestion due to the type or amount of vehicles required by or attached to the use. Light industrial uses include "high technology industries."
(Ord. No. 2008-29, § 2, 12-11-2008; Ord. No. 2013-01, § 2, 2-14-2013)
Limb. The term "limb" shall mean a secondary shoot or stem arising from one of the main axes (i.e., trunk or leader) of a tree. (See also the definition of the term Branch .)
(Code 1994, § 30-88)
Limited access. The term "limited access" shall mean a strip of land, or highway or freeway which does not permit access, except at authorized and controlled points.
(Code 1994, § 30-246)
Limousine. The term "limousine" shall mean any automobile, sport utility vehicle or van for hire, and of original manufacture, or remanufacture, that does not exceed a seating capacity of eight persons.
(Ord. No. 2007-08, § 2, 4-26-2007)
Limousine (stretch). The term "limousine (stretch)" shall mean any automobile, sport utility vehicle or van for hire, and of original manufacture or remanufacture that exceeds a seating capacity of eight persons.
(Ord. No. 2007-08, § 2, 4-26-2007)
Living area. The term "living area" shall mean the total living and floor area of all of the rooms of a dwelling unit designed for residential occupancy.
(Code 1994, § 30-398)
Living wage. A living wage is 130 percent of the federal poverty level.
(Ord. No. 2008-29, § 2, 12-11-2008)
Local governing authority. The term "local governing authority" shall mean the village council.
(Code 1994, § 58-78)
Local business tax. The term "local business tax" means the fees charged and the method by which a local governing authority grants the privilege of engaging in or managing any business, profession or occupation within its jurisdiction. It does not mean any fees or licenses paid to any board, commission, or officer for permits, registration, examination or inspection. Unless otherwise provided by law, these are deemed to be regulatory and in addition to, but not in lieu of, any local business tax imposed under the provisions of this article.
(Code 1994, § 58-78; Ord. No. 2007-01, § 2, 1-11-2007)
Lodge. See the definition of the term Club.
(Code 1994, § 30-398)
Lost property. The term "lost property" shall mean all tangible personal property which does not have an identifiable owner and which has been mislaid on public property, upon a public conveyance, on premises used at the time for business purposes or in parks, places of amusement, public recreation areas or other places open to the public in a substantially operable, functioning condition or which ha an apparent intrinsic value to the rightful owner.
(Code 1994, § 26-36)
State Law reference— Similar provisions, F.S. § 705.10.
Lot. The term "lot" shall mean:
(1)
A portion of land identified as a single unit in a subdivision and intended for lease, transfer of ownership, use or improvements, or a combination thereof. Such term shall include the term "plot," "parcel" or "tract" and shall consist of at least a sufficient size to meet the minimum requirements of chapter 34, article VI.
(2)
A lot of record, as part of land subdivision recorded in the office of the clerk of the circuit court of the county and existing on the effective date of the ordinance from which chapter 34, article VI is derived or under a unity title document, or a tract of land, either unsubdivided or consisting of two or more contiguous lots of record which do not comply with the lot area requirements of the applicable zoning district, and located within a single block, which, on the effective date of the ordinance from which chapter 34, article VI is derived or any subsequent amendment thereto, was in single ownership; or a tract of land located within a single block, which, at the time of filing for a building permit, or if no building permit is required at the time of filing for a certificate of occupancy, is designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a single unit under single ownership. A lot, therefore, may or may not coincide with a lot as shown on the official tax maps of the county or on any recorded subdivision plat or deed. For the purposes of this definition, the term "ownership of lot" shall be deemed to include a lease of not less than 50 years' duration, with an option to renew the lease so as to provide a total lease of not less than 75 years' duration. A lot may be subdivided into two or more lots, provided, all resulting lots and all buildings thereon comply with all the applicable provisions of chapter 34, article VI and all other applicable laws and regulations. If such lot, however, is occupied by a nonconforming building, the lot may be subdivided, provided, the subdivision does not create a new nonconformity or increase the degree of nonconformity of the building.
(Code 1994, §§ 30-246, 30-398)
Lot area. The term "lot area" shall mean the total horizontal area included within a lot as described by the surrounding lot lines and usually expressed in square feet.
(Code 1994, § 30-398)
Lot area per dwelling unit. The term "lot area per dwelling unit" shall mean that portion of the lot area required for each dwelling unit located on the lot.
(Code 1994, § 30-398)
Lot, building. The term "lot, building," shall mean land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of chapter 34, article VI, having not less than the minimum area and width required by chapter 34, article VI for a lot in the zoning district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.
(Code 1994, § 30-398)
Lot, corner. The term "lot, corner," shall mean either a lot bounded entirely by streets or a lot which adjoins the point of intersection of two or more streets.
(Code 1994, § 30-398)
Lot coverage. The term "lot coverage" shall mean that portion of the area of the lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three feet above the surface of the ground.
(Code 1994, § 30-398)
Lot depth. The term "lot depth" shall mean the mean horizontal distance between the front lot line and the rear lot line of the lot measured within the lot boundaries.
(Code 1994, § 30-398)
Lot, interior. The term "lot, interior," shall mean any lot that is neither a corner lot, nor a through lot.
(Code 1994, § 30-398)
Lot line. The term "lot line" shall mean the legal boundary of a lot.
(Code 1994, § 30-398)
Lot line, rear. The term "lot line, rear," shall mean that lot line which is parallel to and most distant from the lot line of the lot. In the case of an irregular, triangular or gore-shaped lot, a line located 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 road or street, the rear lot line shall be opposite the lot line along which the lot takes access to a street.
(Code 1994, § 30-398)
Lot line, side. The term "lot line, side," shall mean any lot line, other than a front or rear lot line.
(Code 1994, § 30-398)
Lot line, street. The term "lot line, street," shall mean, in the case of a lot abutting only one 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 line, except where the rear yard requirement is greater than the front yard requirement, in which case, one of the two opposing yards shall be a rear yard.
(Code 1994, § 30-398)
Lot of record. The term "lot of record" shall mean a part of the land subdivision, the map of which has been recorded in the office of the clerk of the county court.
(Code 1994, § 30-398)
Lot, reverse frontage. The term "lot, reverse frontage," shall mean a through lot which is not accessible from one of the parallel or nonintersecting streets upon which it fronts.
(Code 1994, § 30-398)
Lot, through (double frontage). The term "lot, through (double frontage)," shall mean any lot, not a corner lot, having both the front and rear property lines adjacent to a public street.
(Code 1994, § 30-398)
Lot width. The term "lot width" shall mean the mean horizontal distance between the side property lines, measured along the established building line or setback line, or, if no setback line is established, the distance between the side property lines measured along the street line.
(Code 1994, § 30-398)
Lounge. The term "lounge" shall mean a room or designated area in a restaurant where alcoholic beverages are predominantly served at a bar with or without stools, or at nearby tables where service of food shall occur, and which room or area is accessory to the primary establishment, and the size of which does not exceed 25 percent of the total public areas of the premises.
(Code 1994, § 30-398; Ord. No. 2010-05, § 2, 4-8-2010)
Lowest floor. The term "lowest floor" shall mean the lowest floor of the lowest enclosed area of a building or structure, including basements, but excluding any unfinished or flood-resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non-elevation requirements of the Florida Building Code or ASCE 24 (also defined in FBC, B, Section 202).
(Ord. No. 2006-32, § 2, 5-25-2006; Ord. No. 2016-06, § 4, 5-12-2016)
Main building. See the definition of the term building, principal.
(Code 1994, § 30-398)
Mangrove stand. The term "mangrove stand" shall mean an assemblage of mangrove trees which are mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contains one or more of the following species:
(1)
Black mangrove (Avicennia nitida);
(2)
Red mangrove (Rhizophora mangle);
(3)
White mangrove (Languncularia racemosa); and
(4)
Button wood (Conocarpus erecta).
(Code 1994, § 30-26)
Manufactured home. The term "manufactured home" shall mean a structure, transportable in one or more sections, which is eight feet or more in width and greater than 400 square feet, and which is built on a permanent, integral chassis and designed for use with or without a permanent foundation when attached to the required utilities. Such term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property also defined in 15C-1.0101, F.A.C.).
(Code 1994, §§ 30-26, 30-398; Ord. No. 2016-06, § 4, 5-12-2016)
Marquee. See the definition of the term canopy.
(Code 1994, § 30-398)
Massage. The term "massage" shall mean the manipulation of the superficial tissue of the human body with the hand, foot, arm or elbow, whether or not such manipulation is aided by hydrotherapy or thermal therapy, or any electrical or mechanical device, or the application to the human body of a chemical or herbal preparation. Any and all of such manipulation techniques shall be as defined, permitted and licensed by the state.
(Code 1994, § 30-398)
Massage establishment. The term "massage establishment" shall mean a site or premises, or portion thereof, as licensed by the state, which administers massage for compensation.
(Code 1994, § 30-398)
Masseur. The term "masseur" shall mean a person, including a masseuse, certified as required by the state, who administers massage for compensation.
(Code 1994, § 30-398)
Master drainage plan. The term "master drainage plan" shall mean an engineering drawing and written report outlining the primary and secondary drainage facilities needed for the proper development of a specific increment of the incorporated area of the village.
(Code 1994, § 30-246)
Master plan. The term "master plan" shall mean a drawing which shows the intended division and improvement of real property meeting the requirements of chapter 34, article V.
(Code 1994, § 30-246)
May. The term "may" is to be construed as being permissive and not mandatory.
(Code 1994, § 1-2)
May not. The term "may not" states a prohibition.
(Code 1994, § 1-2)
Mayor. The term "mayor" shall mean the mayor of the village.
(Code 1994, § 30-246)
Mean. The term "mean" shall mean the average of a number of figures, computed by adding up all figures and dividing by the number of figures.
(Code 1994, § 30-398)
Mean sea level. The term "mean sea level" shall mean the average height of the sea for all stages of the tide. Such term is used as a reference for establishing various elevations within the floodplain. For purposes of chapter 34, article II, the term is synonymous with National Geodetic Vertical Datum (NGVD).
(Code 1994, § 30-26)
Medical marijuana dispensary . The term "medical marijuana dispensary" is a facility that is operated by an organization or business holding all necessary licenses and permits from which marijuana, cannabis, cannabis-based products, or cannabis plants are delivered, purchased, possessed, or dispensed for medical purposes and operated in accordance with all local, federal, and state laws. Physicians authorized by state law to order low-THC cannabis, as defined in Florida Statutes, for patients' medical use are not included in the definition of medical marijuana dispensary.
(Ord. No. 2014-26, § 4, 11-13-2014)
Medical marijuana treatment center. The term "medical marijuana treatment center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sell, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the State Department of Health and regulated under chapter 34 of the Village Code of Ordinances.
(Ord. No. 2014-26, § 4, 11-13-2014)
Metes and bounds. The term "metes and bounds" shall mean a method of describing the boundaries of land, by directions and distances from a known point of reference.
(Code 1994, § 30-398)
Micro-brewery. The term "micro-brewery" shall mean a business licensed to allow the production and wholesale distribution of beer, ale, other malt beverages or wine, to sell at retail any beer, ale, other malt beverages, or wine by the drink or by the package for consumption on the premises, or in original package form for consumption off the premises where sold, subject to the following requirements:
(1)
The floor area that is open to the public for said retail sale of beer, ale, other malt beverage or wine shall not exceed the total floor area on the premises used for the production and storage for wholesale of beer, ale, other malt beverage or wine made on the premises.
(2)
Ninety percent of the gross revenue from the retail sales of beer, ale, other malt beverage or wine sold on the premises shall be derived from product manufactured on the premises.
(Ord. No. 2010-05, § 2, 4-8-2010)
Minimum building area. See the definition of the term area, minimum building.
(Code 1994, § 30-398)
Minor community residential home . The term "minor community residential home" shall mean a community residential home, but designed to serve six or fewer residents.
(Code 1994, § 30-772; Ord. No. 2012-26, § 2, 10-11-2012)
Minor special exception. 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, order, comfort, convenience, appearance or prosperity, and as such may be permissible as special exceptions, as outlined in the applicable zoning district. Such uses are of a small size, insignificant scale or minimal intensity that allows for administrative review.
(Ord. No. 2016-19, § 2, 11-10-2016)
Misconduct. The term "misconduct" means improper conduct (acts or omissions) undertaken with the knowledge that the conduct violates a standard (an identifiable directive, instruction, policy, regulation, rule, statute, or other standard) or undertaken with willful disregard that the conduct violates a standard with the intent to harm or with the purpose of personal profit, advantage or gain.
(Ord. No. 2011-20, § 1, 10-8-2011)
Mismanagement. The term "mismanagement" means a continuous pattern of management in such a manner as to create or perpetuate waste, abuse, or to contribute to acts of fraud. This term does not include management decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional or insubstantial.
(Ord. No. 2011-20, § 1, 10-8-2011)
Mobile unit. The term "mobile unit" shall mean a manufactured, detached, transportable single-family dwelling unit designed for long term occupancy, and arriving at the site where it is to be occupied as a complete dwelling unit containing all conveniences and facilities, with plumbing and electrical connection provided for attachment to approved utility systems. Any such vehicle or structure shall be deemed to be a mobile home, whether or not the undercarriage and axles have been removed therefrom, and whether or not resting upon a temporary or permanent foundation.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Monument sign. The term "monument sign" shall mean a low profile, freestanding sign, with a solid base on the ground of the same or larger dimension as the height of the sign, and which is fabricated of noncombustible materials, to incorporate design and building materials which compliment the architectural theme of the buildings on the same parcel.
(Code 1994, § 30-176)
Moratorium. The term "moratorium" shall mean a temporary halting or severe restriction on specified development activities.
(Code 1994, § 30-398)
Motel. The term "motel" shall mean a building or group of buildings which contains sleeping accommodations for transient occupancy and has individual entrances from outside the building to serve each sleeping unit. Provisions may be made for cooking in individual rooms or suites. Motels may have one or more dining rooms, restaurants, cafes or lounges as accessory uses.
(Code 1994, § 30-398)
Motor home. See the definition of the term Recreational vehicle.
(Code 1994, § 30-398)
Mulch. The term "mulch" shall mean any nonliving organic material customarily used in landscape design to retard erosion and to retain moisture.
(Code 1994, § 30-88)
Multiple-family dwelling. See the definition of the term Dwelling, multiple-family.
(Code 1994, § 30-398)
Municipal building. See the definition of the term Public building.
(Code 1994, § 30-398)
Mural. The term "mural" shall mean painted art forms on walls or similar building areas devoid of letters or trademarks.
(Ord. No. 2008-10, § 2, 8-28-2008)
Museum. The term "museum" shall mean a nonprofit, noncommercial establishment operated as a repository for a collection of natural, scientific or literary curiosities, objects of interest or works of art, not including the regular sale or distribution of the objects collected.
(Code 1994, § 30-398)
Must. The term "must" shall be construed as being permissive and not mandatory.
(Code 1994, § 1-2)
National Geodetic Vertical Datum (NGVD). The term "National Geodetic Vertical Datum (NGVD)," as corrected in 1929, shall mean a vertical control used as a reference for establishing varying elevations within the floodplain.
(Code 1994, § 30-26)
New construction. The term "new construction" shall mean structures for which the start of construction commenced on or after February 23, 1978, and includes any subsequent improvements to such structures.
(Code 1994, § 30-26; Ord. No. 2016-06, § 4, 5-12-2016)
Nightclub. The term "nightclub" shall mean a commercial establishment wherein alcoholic beverages are sold by the drink, or bottle or can or pitcher, and consumed on the premises and has entertainment, including, but not limited to, a dance floor, a band, orchestra, disc jockey and equipment, a stage for comedy, theatre, or other forms of live entertainment, but excluding adult entertainment. The dance floor or open space may be established by the temporary removal or re-arrangement of furniture or tables. The occupancy level as set by the fire marshal and/or building official or their designee thru the fire, building, structure or other relevant codes is greater than or equal to 150 persons, but excludes restaurants as defined herein. Any establishment that charges a cover charge, door charge, required contribution, or one time membership fee (excluding private clubs) or has a minimum drink purchase requirement will be designated a nightclub.
(Code 1994, § 30-398; Ord. No. 2009-16, § 3, 9-19-2009; Ord. No. 2010-05, § 2, 4-8-2010)
Nonconforming building or structure. The term "nonconforming building or structure" shall mean a building or structure existing at the time of the passage of the ordinance from which chapter 34, article VI is derived, or an amendment thereto, which does not conform to the property development regulations of area, height, lot coverage, yard requirements, lot location, etc., of the district in which it is located.
(Code 1994, § 30-398)
Nonconforming lot. The term "nonconforming lot" shall mean any lot which was lawfully created prior to the enactment of the ordinance from which chapter 34, article VI is derived, or an amendment thereto, but which now fails to conform to all applicable provisions of chapter 34, article VI.
(Code 1994, § 30-398)
Nonconforming sign. The term "nonconforming sign" shall mean a sign or advertising structure existing within the village on the effective date of the ordinance from which chapter 34 is derived or thereafter from which chapter 34, article IV is derived, which, by its length, height, square foot area, location, type, use or structural support, does not conform to the requirements of chapter 34, article IV.
(Code 1994, § 30-176)
Nonconforming use. The term "nonconforming use" shall mean a land use existing at the time of the passage of the ordinance from which chapter 34, article VI is derived, or an amendment thereto, which does not conform to the provisions, requirements and development regulations of the district in which it is located.
(Code 1994, § 30-398)
Normal sewage. The term "normal sewage" shall mean sewage, industrial waste or other wastes having the following characteristics:
(1)
BOD. One thousand six hundred sixty-seven pounds per million gallons (200 parts per million) or less.
(2)
Chlorine demand. Two hundred eight pounds per million gallons (25 parts per million) or less. Such limit on chlorine demand may be modified by the village, with the approval of the village council, for individual situations which he deems justifiable. However, the village may, under such conditions, permit the discharge of such a waste upon establishing a suitable recompense to the village, based upon its equivalent BOD.
(3)
Suspended solids. One thousand six hundred sixty-seven pounds per million gallons (200 parts per million) or less.
(4)
Ether soluble materials. Four hundred seventeen pounds per million gallons (50 parts per million) or less of petroleum hydrocarbons.
(5)
pH. Not less than 4.5, nor more than 9.5.
(Code 1994, § 66-36)
Nuisance. The term "nuisance" shall mean the use of property or course of conduct that interferes with the legal rights of others which shall cause damage, annoyance, inconvenience or tend to injure the health, safety or morals of village residents.
(Code 1994, § 30-398)
Number. The singular includes the plural and the plural includes the singular.
(Code 1994, § 1-2)
Nursery. The term "nursery" shall mean an enterprise which conducts the retail or wholesale sale of plants grown on-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 include items such as clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels.
(Code 1994, § 30-398)
Nursing home. The term "nursing home" means any institution, building, residence, private home, or other place, whether operated for profit or not, including a place operated by a county or municipality, which undertakes through its ownership or management to provide for a period exceeding 24-hour nursing care, personal care, or custodial care, pursuant to F.S. ch. 400, part II, for three or more persons not related to the owner or manager by blood or marriage, who by reason of illness, physical infirmity, or advanced age require such services, but does not include any place providing care and treatment primarily for the acutely ill. A facility offering services for fewer than three persons is within the meaning of this definition if it holds itself out to the public to be an establishment which regularly provides such services.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011; Ord. No. 2017-05, § 2, 5-11-2017)
Oath. A solemn affirmation is the equivalent to an oath, and a person shall be deemed to have sworn if such person makes such an affirmation.
(Code 1994, § 1-2)
Occupancy. The term "occupancy" shall mean and pertains to and is the purpose for which a building is used or intended to be used. A change of occupancy is not intended to include a change of tenants or proprietors.
(Code 1994, § 30-398)
Occupant. The term "occupant" shall mean the person in actual possession of a premises.
(Code 1994, § 30-398)
Occupation. The term "occupation" shall mean gainful employment in which a person engages to earn compensation for the necessities of life.
(Code 1994, § 30-398)
Office, business. The term "office, business" shall mean any commercial activity primarily conducted in an office, not involving the sale of goods or commodities available in the office and not dispensing personal services, including such businesses as real estate brokers, insurance offices, accountants, credit reporting agencies, telephone answering services or any similar use. This definition does not include a medical or dental office.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Office, medical or dental. The term "office, medical or dental," shall mean a facility that provides outpatient services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective health care professions in the State of Florida, as well as others, including but not limited to, technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. This term excludes all providers or facilities licensed under F.S. § 397.311(25)(a)6, "Intensive Outpatient Treatment" and F.S. § 397.311(25)(a)8, "Outpatient Treatment."
(Ord. No. 2011-27, § 2, 12-8-2011; Ord. No. 2017-06, § 2, 5-11-2017)
Officers, departments, boards, commissions and employees. References to officers, departments, boards, commissions or employees are to village officers, village departments, village boards, village commissions and village employees.
(Code 1994, § 1-2)
Official land development district (zoning) map. The term "official land development district (zoning) map" shall mean the official map upon which the boundaries of each district are designated and established as approved and adopted by ordinances of the village council, made a part of the official public records of the village and which is the final authority as to the land development status of the land and water areas, buildings and other structures in the incorporated area of the village. Such designations must be compatible with the adopted Future Land Use Map (FLUM).
(Code 1994, § 30-398)
Off-road vehicle The term "off-road vehicle" shall mean any all-terrain or other off road vehicle, such as a dune buggy, swamp buggy, half-track, farm tractor, or other, that is not capable or not required to be registered by the state.
(Ord. No. 2007-08, § 2, 4-26-2007)
Off-street loading space. The term "off-street loading space" shall mean an area designated for the accommodation off the street and within an off-street parking area for the loading and unloading of vehicles in the form of one or more spaces, as provided under the appropriate terms of chapter 34, article VI.
(Code 1994, § 30-398)
Off-street parking. The term "off-street parking" shall mean the minimum off-street, on-site parking of vehicles which shall be provided under the appropriate terms of chapter 34, article VI.
(Code 1994, § 30-398)
Off-street parking space. The term "off-street parking space" shall mean:
(1)
An area designated for the temporary parking of a motor vehicle, that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
(2)
A parking space having minimum dimensions of nine feet in width and 18 feet in length for the parking of each motor vehicle, exclusive of driveways or aisles thereto. No special provisions shall be made for compact cars, other than in a parking space of the minimum dimensions as set forth in chapter 34, article VI, division 8. The minimum width of a driveway shall be ten feet for single-family detached dwellings, and they shall be paved in asphalt or concrete. For all other uses, the minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of parking as shown in the parking lot dimension table and illustration of section 34-1323. The parking areas shall be arranged so that each motor vehicle may be replaced and removed from the parking spaces assigned thereto and taken to and from the property without the necessity of moving any other motor vehicle to complete the maneuver.
(Code 1994, §§ 30-398, 30-917(a))
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for one hundred-year flood , which derived from the Code of 1994, § 30-398.
Open or unsealed container. The term "open or unsealed container" shall mean any vessel or container containing an alcoholic beverage, including but not limited to beer or wine, which is immediately capable of consumption, or the seal of which has been broken.
(Ord. No. 2013-06, § 2, 2-28-2013)
Open space . The term "open space" refers to the total open area on a property, including buffers and landscaped area, setbacks, water bodies, usable amenity or recreation area or pool/patio hardscapes. Open space is generally clear from the ground upward, devoid of parking surfaces and streets, buildings and accessory structures, except those structures used exclusively for recreational purposes.
(Code 1994, § 30-398; Ord. No. 2014-06, § 3, 5-8-2014)
Open space, common or common amenity area . The term "open space, common" or "common amenity area" shall mean any required open space under common ownership and control.
(Code 1994, § 30-398; Ord. No. 2014-06, § 3, 5-8-2014)
Other wastes. The term "other wastes" shall mean garbage, shredded or unshredded, refuse, decayed wood, coffee grounds or the residue from instant coffee manufacture, sawdust, shavings, bark, sand, lime, cinder, ashes and all other discarded matter not normally present in sewage or industrial wastes.
(Code 1994, § 66-36)
Out parcel. The term "out parcel" shall mean a tract of land of any size or dimension, which is not included in a land development proposal or site plan and is specifically indicated as such on the proposal or plan.
(Code 1994, § 30-398)
Outdoor display. See the definition of the term Outdoor storage.
(Code 1994, § 30-398)
Outdoor sales. The term "outdoor sales" shall mean the selling of any goods, materials, merchandise or vehicles for more than 24 hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.
(Code 1994, § 30-398)
Outdoor storage. The term "outdoor storage" shall mean the keeping of any goods, materials, merchandise or vehicles for more than 24 hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.
(Code 1994, § 30-398)
Overhang. The term "overhang" shall mean the:
(1)
Part of a roof or wall which extends beyond the facade of the lower wall.
(2)
Portion of a vehicle extending beyond the wheel stops or curb.
(Code 1994, § 30-398)
Overnight parking. See Parking, overnight.
(Ord. No. 2007-08, § 2, 4-26-2007)
Owner. The term "owner," as applied to property, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or of a part of such property.
(Code 1994, § 1-2)
Package liquor store. The term "package liquor store" shall mean a place of business where at least 51 percent of the gross revenue is derived from the sale of alcoholic beverages sold only in sealed containers for consumption off the premises.
(Ord. No. 2010-05, § 2, 4-8-2010)
Painted wall sign. The term "painted wall sign" shall mean any sign painted on any surface or roof of any building, visible from any public right-of-way or adjacent property, advertising services or products.
(Code 1994, § 30-176)
Parcel. The term "parcel" shall mean a lot or tract of land.
(Code 1994, § 30-398)
Park. The term "park" shall mean a park, reservation, playground, beach recreation center or any other area in the village, owned or used by the village, and devoted to active or passive recreation.
(Code 1994, § 42-1)
Parking, overnight. The term "parking, overnight," shall mean parking or storing a vehicle, boat, trailer, or other conveyance, continuously from 11:00 p.m. to 7:00 a.m. on any day.
(Ord. No. 2007-08, § 2, 4-26-2007)
Parking access. The term "parking access" shall mean the area of a parking lot that allows motor vehicles ingress and egress from the street.
(Code 1994, § 30-398)
Parking area. The term "parking area" shall mean the total area devoted to the parking and maneuvering of vehicles.
(Code 1994, § 30-398)
Parking lot. The term "parking lot" shall mean an area or plot of ground used for the temporary parking of motor vehicles either for compensation or to provide an accessory service to a business or residential use.
(Code 1994, § 30-398)
Parking space. The term "parking space" shall mean a surfaced area, enclosed or unenclosed, which is sufficient in size and is specifically designed for the sole purpose of parking one automobile, together with a driveway connecting the parking space with a parking aisle, street or alley, and permitting ingress and egress of an automobile.
(Code 1994, § 30-398)
Partition. The term "partition" shall mean an interior wall, other than folding or portable, that subdivides spaces within any story, attic or basement of a building.
(Code 1994, § 30-398)
Party wall. The term "party wall" shall mean a common shared wall between two separate structures, buildings or dwelling units.
(Code 1994, § 30-398)
Patio. The term "patio" shall mean an open, unoccupied space which may be partially enclosed by a wall, fence or building and not considered part of the residential living structure.
(Code 1994, § 30-398)
Performance guarantee. The term "performance guarantee" shall mean a financial guarantee to ensure that all improvements, facilities or work required by chapter 34, article VI will be completed in compliance with such article, regulations and the approved plans and specifications of a development.
(Code 1994, § 30-398)
Person. The term "person" shall extend and be applied to firms, partnerships, joint ventures, syndicates, or other groups or combination acting as a unit, associations, corporations or voluntary associations, governmental units and any other group or combination acting as a unit and the individuals constituting such group or unit, estates, trusts, business trusts, trustees, executors, administrators, receivers or other fiduciaries, as well as to individuals, unless plainly inapplicable.
(Code 1994, §§ 1-2, 58-78)
Personal property. The term "personal property" shall mean any property, other than real property.
(Code 1994, § 1-2)
Personal service. The term "personal service" shall mean establishments primarily engaged in providing services involving the care of a person or his apparel. Such services may include but not be limited to, beauty parlors, shops or salons, barber shops, tanning salons, massage or any similar use not involving the sale of any retail product. This definition does not include services provided in a medical or dental office.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Petroleum hydrocarbons. The term "petroleum hydrocarbons" shall mean that portion of the total extractable grease or fats which is not retained on an activated alumina absorption column after elutriating with hexane.
(Code 1994, § 66-36)
pH. The term "pH" shall mean the logarithm of the reciprocal of the hydrogen ion concentration, which indicates the intensity of acidity and alkalinity of the pH scale running from zero to 14. A pH value of 7.0, the midpoint of the scale, represents neutrality, values above 7.0 indicate alkalinity and those below 7.0 acidity.
(Code 1994, § 66-36)
Pharmacy. The term "pharmacy" shall mean an establishment or a portion of an establishment which is engaged in the preparation, dispensing and/or sale of prescription drugs and the sale of items related to pharmaceuticals or health care such as prosthetic supplies, surgical instruments and supplies, and the sale and/or rental of aid for invalids.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Planned development . The term "planned development" shall mean a type of development that allows for design flexibility and may incorporate a mix of building types and land uses that allows for innovative use of spaces and structures. A planned development may be residential, industrial, commercial or a mix of any/all uses. Benefits of planned developments may include a more efficient site design, preservation of amenities such as open space, and lowers costs for street construction and utility extension for the developer.
(Ord. No. 2014-06, § 3, 5-8-2014)
Plant species, controlled. The term "plant species, controlled," shall mean those plant species which tend to become nuisances because of their undesirable growth habits, but which, if properly cultivated, may be useful or functional as elements of landscape design.
(Code 1994, § 30-88)
Plant species, prohibited. The term "plant species, prohibited," shall mean those plant species which are demonstrably detrimental to native plants, native wildlife, ecosystems or human health, safety or welfare.
(Code 1994, § 30-88)
Plastic sign. The term "plastic sign" shall mean any mural or sign, embellishment or sign area made of plastic, flat sheet or corrugated panels, and formed or molded on one or more faces.
(Code 1994, § 30-176)
Plat. The term "plat" shall mean a map depicting the division or subdivision of land into lots, blocks, parcels or tracts, or other portions thereof, however, the plat may be designated, and prepared in accordance with the provisions of chapter 34, which may be designated to be placed on record in the office of the clerk of the circuit court of Palm Beach County.
(1)
Final plat. The term "final plat" shall mean a finished map of a subdivision, accurately showing all legal requirements of the state plat law and the requirements of chapter 34, article V.
(2)
Plat of record. The term "plat of record" shall mean a plat which conforms to the requirements of the applicable laws of the state and ordinances of the county and the village, which has been accepted by the village council and the board of county commissioners and placed in the official records of the county.
(3)
Preliminary plat. The term "preliminary plat" shall mean a copy of the plat in sufficient form to readily compare the plat with the master plan and construction plans.
(Code 1994, § 30-246)
Plat (record plat). The term "plat (record plat)" shall mean a map, suitable for recording in the public records of the county, depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof; however, the record plat may be designated and prepared in accordance with the provisions of chapter 34, article VI and those of any applicable law and/or local ordinance.
(Code 1994, § 30-398)
Plot. The term "plot" shall mean a parcel of ground containing more than one lot upon which a building and its accessory buildings have been or may be erected.
(Code 1994, § 30-398)
Point of purchase sign. The term "point of purchase sign" shall mean any structure, service, display board, screen, surface or wall with characters, letters or illustrations placed thereto, thereon or thereunder by any method or means whatsoever, where matter displayed is used for advertising on the premises a product actually or actively offered for sale or rent thereon or therein or services rendered.
(Code 1994, § 30-176)
Pole sign. The term "pole sign," also known colloquially as a "pylon sign," shall have the same definition as the term Freestanding sign.
(Code 1994, § 30-176)
Political sign. The term "political sign" shall mean any advertising structure used in connection with a local, state or national election campaign.
(Code 1994, § 30-176)
Pollutant. The term "pollutant" shall mean a substance which may be present in sewage, industrial waste or other wastes, whether gaseous, liquid or solid, the amount of which, for the purpose of the rules and regulations set forth in chapter 78, shall be determined by the sum of the BOD and the suspended solids present therein.
(Code 1994, § 66-36)
Preceding. The term "preceding" shall mean next before.
(Code 1994, § 1-2)
Preexisting towers and antennas. The term "preexisting towers and antennas" shall mean any tower or antenna for which a building permit has been properly issued prior to the effective date of the ordinance from which chapter 34, article VI, division 6, subdivision XIX is derived, including permitted towers or antennas that have not yet been constructed as long as such approval is current and not expired.
(Code 1994, § 30-905)
Premises. The term "premises" shall mean:
(1)
A lot, parcel, tract or plot of land, together with the buildings and structures thereon.
(2)
Any parcel of real property, including land, improvements or appurtenances, such as buildings, grounds, etc.
(Code 1994, §§ 1-2, 30-398, 66-36)
Primarily operated means that the vehicle is owned or leased by a resident, or by an employer, parent, step-parent, or child of a resident of the premises.
(Ord. No. 2007-08, § 2, 4-26-2007)
Principal use. The term "principal use" shall mean the primary or predominant use of any lot or building.
(Code 1994, § 30-398)
Private. The term "private" shall mean intended for or restricted to the use of a particular person, group or company.
(Code 1994, § 30-398)
Private club. The term "private club" shall mean a patriotic or veterans' society or fraternal corporation or a not-for-pecuniary-profit corporation for the promotion of some common object other than the sale or consumption of alcoholic beverages, kept, used and maintained by its members through the payment of annual dues and owning, hiring or leasing a building or space in a building of such extent and character as shall be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests, and provided with or without kitchen and dining room space and a sufficient number of servers and employees for cooking, preparing and serving food, meals, and drinks for its members and their guests. The affairs and management of the club shall be conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting and no member or any officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation any profits from the distribution or sale of alcoholic beverages to the club or the members of the club or its guests introduced by members beyond the amount of such salary as shall be fixed and voted at any annual meeting by the members or by its board of directors or other governing body out of the general revenue of the club.
(Ord. No. 2010-05, § 2, 4-8-2010)
Professional. The term "professional" shall mean any individual who must be licensed in the state (except contractors) to provide a specific service and/or trade. Such term shall include, but not be limited to, architects, attorneys, accountants, chiropractors, cosmetologists, doctors, engineers, land surveyors, physicians, pharmacists, real estate appraisers, real estate brokers, real estate salespersons and any other professionals conducting similar businesses.
(Code 1994, § 58-78)
Professional office. The term "professional office" shall mean the office of a person engaged in any occupation, vocation or calling, not purely commercial, mechanical or agricultural, in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an art founded thereon. This definition does not include a medical or dental office.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Professional services. The term "professional services" shall mean the conduct of business in any of the following related categories: architectural, engineering, planning, law, medicine, music, art, interior design, accounting, insurance, real estate, finance and securities investments, and any similar type of business. This definition does not include services provided in a medical or dental office.
(Code 1994, § 30-398; Ord. No. 2011-27, § 2, 12-8-2011)
Prohibited use. The term "prohibited use" shall mean any use not specifically listed as a permitted or special exception use in any zoning district.
(Code 1994, § 30-398)
Projecting sign. The term "projecting sign" shall mean any sign projecting at an angle from and attached to the outside wall of any building which is supported by only one rigid support, irrespective of the number of guy wires used in connection therewith.
(Code 1994, § 30-176)
Promoter. The term "promoter" shall mean a person or the legal entity who assumes the financial and/or a portion of the managerial-related responsibilities of a nightclub, bar, or private club, including, but not limited to, contracting with the principals, renting the site and collecting the gate/door revenues.
(Ord. No. 2010-05, § 2, 4-8-2010)
Property. The term "property" shall include real property, personal property and mixed property.
(Code 1994, § 1-2)
Property owners' association. The term "property owners' association" shall mean a nonprofit organization, recognized as such under the laws of the state, operated under recorded maintenance and ownership agreements through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is automatically a voting member, and each such member is automatically subject to a charge for a period pro rated share of expenses, either direct or indirect, for maintaining common properties within the subdivision, such as roads, parks, recreational areas, common areas and other similar properties. Within the text of chapter 34, article V, such term is considered to be a single entity for property ownership. Such term shall also be deemed to include a condominium or cooperative association, as defined in F.S. §§ 718.103 and 719.103, having a life tenure of not less than 20 years, as well as a third party having an agreement with a condominium or cooperative association as permitted by F.S. chs. 718 and 719, as amended.
(Code 1994, § 30-246)
Pruning. The term "pruning" shall mean the removal of plant parts, dead or alive, in a careful and systematic manner so as not to damage other parts of the plant and so as to improve the growth potential of the plant.
(Code 1994, § 30-88)
Public agency. The term "public agency" shall mean any government or governmental agency, board, commission, council, authority or public body of the village, the county, the state or the United States government, or any legally constituted governmental subdivision or special district.
(Code 1994, § 30-398)
Public building. The term "public building" shall mean any use controlled exclusively for public purposes by any department or branch of state, county or municipal government.
(Code 1994, § 30-398)
Public facility. The term "public facility" shall mean public parks, playgrounds, trails, paths and other recreation areas and public open spaces; scenic and historical sites; and schools and other public buildings or structures.
(Code 1994, § 30-398)
Public hearing. The term "public hearing" shall mean a meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
(Code 1994, § 30-398)
Public improvement. The term "public improvement" shall mean 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, and public utility and energy services.
(Code 1994, § 30-398)
Public park. The term "public park" shall mean any publicly owned park, playground, beach, parkway or other recreation area and open space, as well as areas designated as such.
(Code 1994, § 30-398)
Public property. The term "public property" shall mean lands and improvements owned by the federal government, the state, the county or the village, and includes sovereignty submerged lands located adjacent to the village, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar property.
(Code 1994, § 26-36)
State Law reference— Similar provisions, F.S. § 705.10.
Public use. The term "public use" shall mean the use of any land, water or a building by a public agency for the general public.
(Code 1994, § 30-398)
Public utilities and facilities. The term "public utilities and facilities" shall mean and include any publicly or privately owned utility such as, but not limited to, storm drainage, sanitary sewers, electric power, water service, gas service, telephone lines, whether underground or overhead, and facilities appurtenant to the provision of that utility service, including equipment, buildings, etc.
(Code 1994, § 30-398)
Public utility. The term "public utility" shall include every person, corporation, partnership or association, or other legal entity, their lessees, trustees or receivers, either owning, operating, managing or controlling a system or proposing construction of a system that is providing or purposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, or telephone or telegraph service to the public for compensation.
(Code 1994, § 30-246)
Pumping station. The term "pumping station" shall mean a structure housing pumps and appurtenances to lift sewage from a low level to a higher level sewer or a sewage treatment plant.
(Code 1994, § 66-36)
Purchase. The term "purchase," except for telecommunications services, shall mean every act or transaction whereby possession of, utilization of or control over each of the taxable goods or services described in section 70-63 becomes vested in the purchaser within the corporate limits of the village for which payment is made pursuant to a duty and obligation therefor.
(Code 1994, § 58-51)
Purchase for telecommunications services. The term "purchase for telecommunications services" shall mean a purchase where a telecommunication or comparable service originates or terminates within the village and is billed to a purchaser, telephone or telephone number, or telecommunications number or device, or a customer whose billing address is within the village.
(Code 1994, § 58-51)
Purchaser. The term "purchaser" shall mean every person legally liable for the payment of taxable goods or services rendered to him by a seller.
(Code 1994, § 58-51)
Quorum. The term "quorum" shall mean a majority of the full authorized membership of a board or agency.
(Code 1994, § 30-398)
Race vehicle means a vehicle designed, built and used primarily for sanctioned racing.
(Ord. No. 2007-08, § 2, 4-26-2007)
Real estate sign. The term "real estate sign" shall mean any sign erected by the owner, his exclusive agent or a multiple-listing service advertising the real property upon which the sign is located for rent or for sale.
(Code 1994, § 30-176)
Real property, real estate and land. The terms "real property," "real estate" and "land" shall include lands, tenements and hereditaments.
(Code 1994, § 1-2)
Receipt means the document that is issued by the local governing authority which bears the words "Local Business Tax Receipt" and evidences that the person in whose name the document is issued has complied with the provisions of this chapter relating to the business tax.
(Ord. No. 2007-01, § 2, 1-11-2007)
Receivable industrial waste. The term "receivable industrial waste" shall mean sewage, industrial waste or other waste having the following characteristics, and any other characteristics that may be specified by the village, with the approval of the village council, by rules and regulations:
(1)
BOD. Two thousand five hundred pounds per million gallons (300 parts per million) or less.
(2)
Chlorine demand. Two hundred eight pounds per million gallons (25 parts per million) or less. Such limit on chlorine demand may be modified by the village, with the approval of the village council, for individual situations which he deems justifiable. However, the village may, under such conditions, permit the discharge of such a waste upon establishing a suitable recompense to the village, based upon its equivalent BOD.
(3)
Suspended solids. Two thousand nine hundred sixteen pounds per million gallons (350 parts per million) or less.
(4)
Ether soluble materials. Four hundred seventeen pounds per million gallons (50 parts per million) or less of petroleum hydrocarbons.
(5)
pH. Not less than 4.5, nor more than 9.5.
(Code 1994, § 66-36)
Recreation facility. The term "recreation facility" shall mean a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
(Code 1994, § 30-398)
Recreation use. The term "recreation use" shall mean any privately or publicly owned passive or active park, playground, golf course, access easement, beach, parkway or other recreation areas and open space.
(Code 1994, § 30-398)
Recreational vehicle. The term "recreational vehicle" shall mean an automobile, trailer, camp-car, pickup camper, bus or other vehicle, with or without motor power, designed and constructed to travel on public thoroughfares without a special permit in accordance with the provisions of the state vehicle code, and designed for recreational use, including those designed and constructed for overnight occupancy.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-2-2007; Ord. No. 2016-06, § 4, 5-12-2016)
Regulator. The term "regulator" shall mean a device or apparatus for controlling the rate of flow of sewage admitted to a sewer or sewage treatment plant.
(Code 1994, § 66-36)
Regulator chamber. The term "regulator chamber" shall mean a structure and related appurtenances, the function of which is to limit the rate of flow to a sanitary sewer or sewage treatment plant to a predetermined amount.
(Code 1994, § 66-36)
Residence. See the definition of the term dwelling.
(Code 1994, § 30-398)
Resident . The term "resident" shall mean any of the following:
(1)
A frail elder person as defined in F.S. § 429.65;
(2)
A physically disabled or handicapped person as defined in F.S. § 760.22(7)(a);
(3)
A person with a developmental disability as defined in F.S. § 393.063;
(4)
A non-dangerous mentally ill person as defined in F.S. § 394.455; or
(5)
A child who is found to be dependent as defined in F.S. § 39.01 or § 984.03, or a child in need of services as defined in F.S. § 984.03 or § 985.03.
(Code 1994, § 30-772; Ord. No. 2012-26, § 2, 10-11-2012)
Residential conversion. The term "residential conversion" shall mean a residential property that is to be converted to a commercial use, but limited to professional offices, business offices and medical clinics and laboratories that would be allowed in the CN commercial neighborhood zoning district.
(Code 1994, § 30-802)
Residential use. The term "residential use" shall mean the use of land or structures thereon, or portion thereof, as a dwelling place for one or more families or households, but not including occupancy of a transient nature, such as hotels, motels or timesharing uses.
(Code 1994, § 30-398)
Restaurant. The term "restaurant" shall mean an establishment whose primary business is the sale of food and beverages to a patron, and whose design and method of operation includes all of the following:
(1)
Patrons place their orders at their table from an individual handheld menu, which displays or describes the food and beverages available to them.
(2)
Food and beverages are regularly served to patrons, while seated at their tables, by an employee of the establishment.
(3)
Preparation, service and consumption of food and beverages takes place within a completely enclosed building, accommodating at least 80 percent of the establishment's permitted seating capacity.
(Code 1994, § 30-398)
Restaurant, carry out. The term "restaurant, carry out," shall mean any establishment whose principal business is the sale to customers of food, frozen desserts or beverages in a ready to consume state, and whose design or method of operation includes all of the following characteristics:
(1)
Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.
(2)
Food, frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
(3)
The consumption of food, frozen desserts or beverages within the restaurant building, within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is posted as being prohibited and such prohibition is strictly enforced by the restaurateur.
(4)
The kitchen is in excess of 50 percent of the total floor area.
(Code 1994, § 30-398)
Restaurant, drive-in. The term "restaurant, drive-in," shall mean any establishment whose principal business is the sale to the customer of food, frozen desserts or beverages in a ready to consume state, and whose design method of operation, or any portion of whose business includes one or all of the following:
(1)
Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.
(2)
Food, frozen desserts or beverages are served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle.
(3)
The consumption of food, frozen desserts or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is allowed, encouraged or permitted.
(4)
The kitchen is in excess of 50 percent of the total floor area.
(Code 1994, § 30-398)
Restaurant, fast food. The term "restaurant, fast food," shall mean any establishment whose principal business is the sale to the customer of food, frozen desserts or beverages in a ready to consume state for consumption either within the restaurant building or for carryout with consumption off the premises, and whose design or principal method of operation includes one or all of the following characteristics:
(1)
Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises.
(2)
Foods frozen desserts or beverages are usually served in edible containers or in paper, plastic or other disposable containers.
(3)
The consumption of food, frozen desserts or beverages within a motor vehicle parked upon the premises or at other facilities on the premises outside the restaurant building is posted as being prohibited, and such prohibition is strictly enforced by the restaurateur.
(4)
The kitchen is in excess of 50 percent of the total floor area.
(Code 1994, § 30-398)
Restaurant, full service. The term "restaurant, full service" shall mean an establishment that earns 51 percent or more of its gross revenue from the sale of food services to a patron, and whose design and method of operation includes all of the following:
(1)
Patrons place their orders at their table from an individual handheld menu, which displays or describes the food and beverages available to them.
(2)
Food and beverages are regularly served to patrons, while seated at their tables, by an employee of the establishment.
(3)
Preparation, service and consumption of food and beverages takes place within a completely enclosed building, accommodating at least 80 percent of the establishment's permitted seating capacity.
(Ord. No. 2010-05, § 2, 4-8-2010)
Restrictive, more (less). The term "restrictive, more (less)," shall mean a regulation imposed by chapter 34, article VI is more (less) restrictive than another if it prohibits or limits development to a greater (lesser) extent or by means of more (less) detailed specification.
(Code 1994, § 30-398)
Retail sales and service. The term "retail sales and service" shall mean and include those business activities customarily providing retail convenience goods. Such uses shall include department stores, variety stores, drugstores and sundry stores, restaurants (as special exception use only), delicatessens, groceries and markets, gift shops, wearing apparel, home and auto supplies, furniture and appliances, hardware, newsstands, book and stationery stores, shoe repair shops, luggage shops, bakeries and candy shops (provided that products made on the premises are sold on the premises), camera and photo supply shops, radio and television sales and services, floor coverings, sporting goods, florists, jewelers, music and piano sales and services, art shops, electrical and lighting stores, home improvement centers with no outside storage or sales, drycleaners, laundromats, fitness centers, travel agencies and any similar or related use. Retail sales and service uses may contain a warehouse component for the storage of merchandise that is for sale where the warehouse portion of the building is ancillary to the retail use.
(Code 1994, § 30-398; Ord. No. 2013-01, § 2, 2-14-2013)
Retail sales area. The term "retail sales area" shall mean the area in square feet devoted exclusively for the sale or display of goods or commodities.
(Code 1994, § 30-398)
Retaining wall. The term "retaining wall" shall mean a structure constructed to hold back or support an earthen bank.
(Code 1994, § 30-398)
Rezoning. The term "rezoning" shall mean the legal process by which changes are made to the boundaries of a zoning district, or where new boundaries are established for a zoning district, or the reclassification of an area from one zoning district to another. This process may also be referred to as a "district boundary change."
(Code 1994, § 30-398)
Right of access. The term "right of access" shall mean the legal authority to enter or leave a premises.
(Code 1994, § 30-398)
Right-of-way. The term "right-of-way" shall mean:
(1)
Land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress or other purpose by the public, certain designated individuals or governing bodies.
(2)
A strip of land dedicated or deeded to the perpetual use of the public, such as, but not limited to, roadways, sidewalks and crosswalks.
(Code 1994, §§ 30-246, 30-398)
Roadside stand. The term "roadside stand" shall mean an area and/or structure, with no space for customers within the structure itself, for the display and sale of goods and commodities.
(Code 1994, § 30-398)
Roof. The term "roof" shall mean the outside top covering of a building.
(Code 1994, § 30-398)
Roof sign. The term "roof sign" shall mean any sign erected, constructed or painted and maintained wholly upon or over the roof of any building.
(Code 1994, § 30-176)
Roominghouse. See the definition of the term Boardinghouse.
(Code 1994, § 30-398)
Salvage yard. The term "salvage yard" shall mean a lot, parcel of land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded materials, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, or the sale of parts thereof.
(Code 1994, § 30-398)
Sand dunes. The term "sand dunes" shall mean naturally occurring accumulations of sand in ridges or mounds landward of the beach.
(Code 1994, § 30-26)
Satellite television antenna system. The term "satellite television antenna system" shall mean a system of equipment designed to receive satellite television and radio signals for distribution. Such term includes the term "television dish," "television disc" or "satellite dish." Such term does not apply to cable television systems which are governed by separate franchise and federal regulations. Such term shall not include individual satellite antennae for private (noncommercial) use and which antennae do not exceed 18 inches in diameter
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Scale. The term "scale" shall mean the relationship of distances on a map, site plan or other graphic representation, as they relate to actual ground distance.
(Code 1994, § 30-398)
School. The term "school" shall mean any building or group of buildings, the use of which meets state requirements for primary, secondary, post-secondary, vocational education or special instruction.
(Code 1994, § 30-398)
School, vocational. The term "school, vocational," shall mean an establishment, for profit or not, offering regularly scheduled instruction in technical, commercial or trade skills, such as, but not limited to, business, real estate, building and construction trades, electronics, computer programming and technology, automotive and aircraft mechanics and technology, and similar types of instruction.
(Code 1994, § 30-398)
Screening. The term "screening" shall mean effectively blocking the view of a vehicle, boat, trailer, recreational vehicle or combination thereof, which is otherwise permitted to be parked in a given location, from an abutting property by use of a masonry wall, fence, or dense hedge maintained at six feet high, but not including a chain link fence with slats.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Security officer. The term "security officer" shall mean any individual who, for consideration, advertises as providing or performs bodyguard services or otherwise guards persons or property.
(Ord. No. 2010-05, § 2, 4-8-2010)
Self-service storage. The term "self-service storage" shall mean an enclosed storage facility of a commercial nature, containing independent, fully enclosed bays which are leased to persons exclusively for dead storage of their household goods or personal property.
(Code 1994, § 30-398)
Seller. The term "seller" shall mean every person rendering taxable goods or services to any purchaser thereof.
(Code 1994, § 58-51)
Semi-impervious surface. The term "semi-impervious surface" shall mean a surface such as paver block installed with sand, or turf block which is stabilized to support the weight of a boat, trailer, recreational vehicle or combination thereof, but which nonetheless allows water to drain through it, including milled asphalt, crushed rock or crushed concrete between 0.75 inch and 1.5 inches in size, and concrete "ribbons" which provide a semi-pervious surface upon which tires are fully supported. Note: A semi-pervious surface may require a water permeable fabric liner, and edge framing, depending on the use (as determined by the building official). This definition shall not include mulch, river rock, shell rock or lime rock alone.
(Ord. No. 2007-08, § 2, 4-26-2007)
Semi-improved surface. The term "semi-improved" shall mean a stabilized surface composed of 84 inches of #57 rock or crushed concrete over a minimum of sox inches of limerock base compacted to 98 percent of AASHTO T-180 over compacted subgrade. Semi-improved is considered 100 percent impervious surface for drainage purposes. Semi-improved parking areas are not permitted within 15 feet of any right-of-way.
(Ord. No. 2013-04, § 2, 2-14-2013)
Service station, full service. The term "service station, full service," shall mean any building, land area or other premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels, and including as an accessory use, the sale and installation of lubricants, tires, batteries, similar accessories and the minor adjustments and repair of motor vehicles.
(Code 1994, § 30-398)
Setback. The term "setback" shall mean the horizontal distance between the frontline, sideline or rearline of the building site to the front, side or rear of the building or structure, respectively. Setbacks shall be measured perpendicular to and parallel with property or right-of-way lines.
(Code 1994, § 30-398)
Setback line. See the definition of the term Building line.
(Code 1994, § 30-398)
Sewage. The term "sewage" shall mean the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with any groundwater infiltration and surface water as may be present. The admixture with sewage by industrial waste or other wastes shall also be considered sewage.
(Code 1994, § 66-36)
Sewage system. The term "sewage system" shall include the following:
(1)
Central sewerage system. The term "central sewerage system" shall mean a system for the collection and disposal of sewage, in accordance with the approval of requisite state, county and municipal agencies, from multifamily, commercial or other uses and shall include pipes, pumps, tanks, treatment plants and other appurtenances which comprise the system.
(2)
Individual sewerage system. The term "individual sewerage system" shall mean a system designed to serve one unit, comprised of pipes, tanks and a subsurface absorption field, or other approved treatment device for handling and disposing of sewage wastes.
(Code 1994, § 30-246)
Sewage treatment works, sewage treatment plant and pollution control plant. The terms "sewage treatment works," "sewage treatment plant" and "pollution control plant" shall mean any arrangement of devices and structures for treating sewage and industrial wastes, and handling the sludge resulting from the treatment.
(Code 1994, § 66-36)
Sewer. The term "sewer" shall mean a pipe or conduit, generally closed, for carrying sewage and other waste liquids.
(1)
Combined sewer. The term "combined sewer" shall mean a sewer receiving a mixture of stormwater and wastewater, with or without industrial wastes.
(2)
House sewer. The term "house sewer" shall mean that part of a house drainage system which extends from the house drain to a connection with a public sewer.
(3)
Private sewer. The term "private sewer" shall mean a sewer, either in private property or in a public street, which has neither been constructed by, nor is controlled by the village. Sewers controlled by other public agencies shall be considered private sewers for the purposes of the rules and regulations set forth in chapter 78.
(4)
Public sewer. The term "public sewer" shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by the village.
(5)
Storm sewer. The term "storm sewer" shall mean a sewer which carries only stormwater and surface water, street wash and other wastewater or drainage.
(Code 1994, § 66-36)
Sewer system. The term "sewer system" shall mean the sewers, manholes, intercepting sewers, sewage pumping, treatment and disposal works, and any other plants, works or equipment and accessories within or without the village, which are used or useful in connection with the collection, treatment or disposal of sewage and wastes, and which are owned, operated or maintained by the village as part of the public sewer system.
(Code 1994, § 66-36)
Shade tree. The term "shade tree" shall mean a hardwood tree that reaches a minimum height of 15 feet at maturity and which provides relief from direct sunlight for at least six months each year.
(Code 1994, § 30-88)
Shall. The term "shall" is to be construed as being mandatory.
(Code 1994, § 1-2)
Shop. The term "shop" shall mean a use devoted primarily to the sale of a service or a product, but the service is performed or the product to be sold is prepared in its finished form on the premises.
(Code 1994, § 30-398)
Shopping center. The term "shopping center" shall mean a group of commercial establishments, including establishments for retail sales or service, business, professional or personal services which are planned, developed, managed and operated as a unit, with off-street parking provided on the property, and related in its location, size and type of shops to the trade area which the unit services.
(Code 1994, § 30-398)
Should. The term "should" shall be construed as being permissive and not mandatory.
(Code 1994, § 1-2)
Showroom/warehouse . The term "showroom/warehouse" shall mean the display or storage of goods or merchandise adjacent to the warehouse or storage area containing goods or merchandise for sale to the general public. The showroom portion of the building shall be ancillary to the warehouse use.
(Ord. No. 2013-01, § 2, 2-14-2013)
Shredded garbage. The term "shredded garbage" shall mean garbage shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle having a dimension greater than one-half inch in any direction.
(Code 1994, § 66-36)
Shrub. The term "shrub" shall mean a self-supporting woody perennial plant of low stature, characterized by multiple stems and branches growing from the base.
(Code 1994, § 30-88)
Sidewalk. The term "sidewalk" shall mean a concrete surfaced or leveled area paralleling and usually separated from the street, used as a pedestrian walkway.
(Code 1994, § 30-398)
Sight distance. The term "sight distance" shall mean the minimum extent of unobstructed vision in a horizontal and vertical plane.
(Code 1994, § 30-246)
Sign. The term "sign" shall mean any writing, including letters, words or numerals; statuary; pictorial representation, including illustrations, graphics or decorations; emblem, including any device, logo, symbol or trademark; flag, including a banner or pennant; or any other figure of similar character, which is a structure or any part thereof, or is attached, painted on or in any other manner represented on a building or other structure, and shall include any sign placed upon a vehicle used to announce, direct attention to or advertise, and is visible from outside a building. Such term shall include writing, graphics, logos, representation or other figures of a similar character within or on a building and located in a window, door or opening. (See also specific signs defined in this section.)
(Code 1994, §§ 30-176, 30-398; Ord. No. 2018-01 , § 2, 7-12-2018)
Sign area. The term "sign area" shall mean the background area upon which the advertising surface area is placed. Where the advertising surface area is attached directly to the wall of a building, that wall shall be construed to be the background sign area if it is an integral part of the sign.
(Code 1994, § 30-176)
Site of industrial activity. The term "site of industrial activity" shall mean any area or facility used for manufacturing, processing or raw materials storage, as defined under 40 CFR 122.26(a)(14) of the regulations of the U.S. Environmental Protection Agency, as amended.
(Code 1994, § 66-182)
Site plan. The term "site plan" shall mean a graphic and informational presentation of a developmental proposal in accordance with the appropriate sections of chapter 34, article VI.
(Code 1994, § 30-398)
Slope. The term "slope" shall mean the degree of deviation of a surface from a horizontal plane, usually expressed in percent or degrees.
(Code 1994, § 30-398)
Snipe sign. The term "snipe sign" shall mean any sign made of any material, including paper, cardboard, wood and metal, when the sign is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, fences or other objects and the advertising matter appearing thereon is not applicable to the premises upon which the sign is located.
(Code 1994, § 30-176)
Social service facility. The term "social service facility" shall mean a facility that provides service to address public welfare and health, such as, but not limited to, the provision of food; hygiene care; group rehabilitative or recovery assistance, or any combination thereof; rehabilitative programs utilizing counseling, self-help or other treatment or assistance; day shelter; outpatient services, counseling, education and referral; training; and indoor recreational facilities. The term does not include special residential facilities or assisted living facilities or other uses that provide overnight accommodations. This term includes all providers or facilities licensed under F.S. § 397.311(25)(a)6, "Intensive Outpatient Treatment" and F.S. § 397.311(25)(a)8, "Outpatient Treatment."
(Ord. No. 2017-06, § 2, 5-11-2017)
Solicitor. The term "solicitor" shall mean a person who attempts to make personal contact with a resident at his residence, without prior specific invitation or appointment from the resident, for the primary purpose of:
(1)
Attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service; or
(2)
Distributing a handbill or flyer advertising a commercial event or service.
Special event. Any type of special event or temporary recreational event within the village which is not covered under the regular business tax receipt and registration required by article IV, or that is held in whole or in part upon publicly owned property and/or public right-of-way. Examples of special events include, but are not limited to, any parade, festival, celebration, block party, rally, motorcade, run/walk/bike-a-thon, street dance, athletic event or exhibition, outdoor concert, memorial service, benefit event, or another attended entertainment, performance or ceremony. Generally, private parties and functions, not open to the public, are not included in this definition; however, if any public right-of-way or any public services are needed, a special event permit will required.
(Ord. No. 2015-25, § 3, 6-11-2015)
Special exception. The term "special exception" shall mean 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, order, comfort, convenience, appearance or prosperity. Such uses may be permitted in such zoning districts as special exceptions, as outlined in the applicable zoning district.
(Code 1994, § 30-398)
Editor's note— Ord. No. 2016-06, § 4, adopted May 12, 2016, repealed the definition for start of construction , which derived from the Code of 1994, § 30-26.
Special residential facility. The term "special residential facility" ("SRF") shall mean any professional residential establishment, other than a hospital or nursing home or assisted living facility, providing board, lodging, supervision, personal care, medication, counseling or other diagnostic or therapeutic services. This use shall include facilities for the housing of residents who are victims of diseases determined by state department of health and rehabilitative services ("HRS") standards to be noncommunicable, and residential treatment centers as defined in F.A.C. 65-E-9. This term shall also include adult and family foster homes, and family care homes; but shall exclude emergency shelters for abused children and adults, and juvenile and adult residential halfway houses. SRFs include residences providing a family setting and/or structured environment as part of a group habilitation, transitional living and/or rehabilitation or recovery program utilizing counseling, self-help or other treatment or assistance, and may be designed to encourage entry or reentry into the community, including those monitored or licensed by HRS. Such facilities may include an outpatient component where a resident may receive regular treatment at a hospital or clinic while maintaining residence at a SRF.
(Ord. No. 2017-05, § 2, 5-11-2017)
State. The term "state" shall mean the State of Florida.
(Code 1994, § 1-2)
State standards. The term "state standards" shall carry the same meaning as the term Department of transportation.
(Code 1994, § 30-246)
Stealth design. The term "stealth design" shall mean a method which would camouflage, hide or conceal an antenna and its supporting electrical or mechanical equipment, or any other support structure that is identical to, or closely compatible with, the color and texture of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(Code 1994, § 30-905)
Storm sewer. See the definition of the term sewer.
(Code 1994, § 66-36)
Stormwater. The term "stormwater" shall mean the excess water running off from the surface of a drainage area during and immediately following a period of rain.
(Code 1994, §§ 66-36, 66-182)
Stormwater system. The term "stormwater system" shall mean the system of conveyances used for collecting, storing and transporting stormwater owned by the village, but not including any facilities intended to be used in accordance with applicable law for collecting and transporting sanitary or other wastewater.
(Code 1994, § 66-182)
Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor or roof next above, or if there is no floor above it, the space between the floor and the ceiling above it.
(Code 1994, § 30-398; Ord. No. 2006-32, § 2, 5-25-2006)
Street. The term "street" shall mean:
(1)
For the purposes of chapter 34, article V, a strip of land designated for vehicular traffic, which affords a principal means of access to a lot or more than one dwelling unit when the strip of land exceeds 600 feet in length, whether it is designated as a street, highway, thoroughfare, parkway, throughway, road, boulevard, lane, place, square or however designated, excluding, however, alleys and expressways. The following are types of streets:
a.
Collector street. The term "collector street" shall mean a street which carries traffic from local streets to arterial streets and includes the principal entrance streets of a subdivision or development and the streets for circulation within such subdivision or development and for purposes of chapter 34, article V, shall be considered a street of higher classification than a local street.
b.
Cul-de-sac. See the definition of the terms Cul-de-sac and dead-end street.
c.
Expressway. See the definition of the term Expressway.
d.
Limited access street The term "limited access street" shall mean same as the term Limited access.
e.
Local street. The term "local street" shall mean a street designed and maintained to provide access to abutting property, of limited continuity, and not for through traffic.
f.
Major arterial street. The term "major arterial street" shall mean a street of higher classification than local streets and is used primarily for traffic traveling a considerable distance within or through an area not served by an expressway. A major arterial street is of considerable continuity, used primarily as a main traffic artery. A major arterial street may also be a limited access street.
g.
Marginal access street. The term "marginal access street" shall mean a street which is parallel and adjacent to an expressway, arterial street or limited access street, or in the immediate vicinity of such streets, and which has its principal purpose of relieving those streets from local service of abutting property by providing protection from conflicts with through traffic. A marginal access street may also be referred to as a "frontage road."
h.
Minor street. The term "minor street" shall carry the same meaning as the term Local street.
i.
Private street. The term "private street" shall mean any street existing prior to or at the time of adoption of the ordinance from which chapter 34, article V is derived, which has not been dedicated for public use and not accepted for ownership or maintenance by the village council. After adoption of the ordinance from which chapter 34, article V is derived, streets controlled by a property owners' association, or condominium or cooperative association, as defined by state law, may be retained as private streets by the association as long as the association accepts the obligation for complete control and maintenance.
j.
Public street. The term "public street" shall mean any street designed to serve more than one property owner, and must be dedicated to the public and be accepted for ownership and maintenance by the village council.
(2)
For the purposes of chapter 34, article VI, a strip of land, owned privately or publicly, which affords the principal means of access to abutting property. Such term includes a road, thoroughfare, parkway, avenue, boulevard, expressway, lane, throughway, place, square or other designation within such right-of-way.
(Code 1994, §§ 30-246, 30-398)
Street centerline. The term "street centerline" shall mean the line midway between the street right-of-way lines of the surveyed and platted centerline of a street, which may or may not be the line midway between the existing right-of-way lines or pavement.
(Code 1994, § 30-398)
Street centerline setback. The term "street centerline setback" shall mean the minimum distance measured from the street centerline required for the preservation of existing right-of-way lines or pavement.
(Code 1994, § 30-398)
Street line. The term "street line" shall mean the line between the street and abutting property; also referred to as "right-of-way line."
(Code 1994, § 30-398)
Street, local or minor. The term "street, local or minor," shall mean a street designed and maintained primarily to provide access to abutting property. A local street is of limited continuity and not for through traffic.
(Code 1994, § 30-398)
Street, private. The term "street, private," shall mean any street existing prior to or at the time of adoption of the ordinance from which chapter 34, article VI is derived, which has not been dedicated for public use and not accepted for ownership or maintenance by the village council. After adoption of the ordinance from which chapter 34, article VI is derived, private streets shall be limited to property under single ownership, a property owners' association or a condominium association.
(Code 1994, § 30-398)
Structure. The term "structure" shall mean a walled and roofed building that is principally above the ground, a manufactured home, a gas or liquid storage tank or other manmade facilities or infrastructures. (See the definition of the term Building. )
(Code 1994, §§ 30-26, 30-398)
Structure, accessory. See the definition of the term Accessory building, Structure or Use.
(Code 1994, § 30-398)
Subdivider. The term "subdivider" shall have the same meaning as the term developer.
(Code 1994, § 30-246)
Subdivision. The term "subdivision" shall mean one of the following:
(1)
A tract of land which is to be platted, improved and divided into lots for sale.
(2)
A tract of land upon which an apartment, multiple dwelling, or two or more buildings, excluding accessory buildings such as garages, are to be constructed.
(3)
The dedication, by plat, of a public right-of-way or easement over, through or across a tract, regardless of area.
(4)
The resubdivision of land previously divided or platted into lots, site or parcels.
See the definition of the term Development.
(Code 1994, §§ 30-246, 30-398)
Substantial improvement. The term "substantial improvement" shall mean any combination of repairs, reconstruction, rehabilitation, alterations, addition, or other improvements to a building or structure, taking place during the life of a structure, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure. The market value of the structure should be the appraised value of the structure prior to the start of the initial repair or improvement, or, in the case of damage, the value of the structure prior to the damage occurring. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. For each building or structure, the life of the structure begins on the date of the first permit issued for improvement or repair of that building or structure subsequent to May 26, 1994. Such term does not, however, include:
(1)
A project for improvement of a structure required to comply with existing health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions; or
(2)
Any alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure.
(Code 1994, §§ 30-26, 30-398; Ord. No. 2016-06, § 4, 5-12-2016)
Surface area. The term "surface area" shall mean the actual area of the letters or symbols applied to a background. For computation purposes, straight lines forming a rectangle shall be drawn closest to the extremities of the copy, encompassing all individual letters or symbols.
(Code 1994, § 30-176)
Surface waters. The term "surface waters" shall mean those waters which have been precipitated on the land or forced to the surface in springs, and which have then spread over the surface of the ground without being collected into a definite body or channel. Such waters appear as puddles, sheet or overland flow and rills, and continue to be surface waters until they disappear by infiltration or evaporation, or until, by overland or vagrant flow, they reach well-defined watercourses or standing bodies of water, such as lakes or seas.
(Code 1994, § 30-246)
Survey. The term "survey" shall mean the:
(1)
Process of precisely ascertaining the area, dimensions and location of the piece of land, and any buildings and improvements located thereon.
(2)
Representation which graphically displays the area, dimensions and location of a piece of land, and any building and improvements located thereon.
(Code 1994, § 30-398)
Surveyor. The term "surveyor" shall mean a land surveyor registered in the state.
(Code 1994, §§ 30-246, 30-398)
Suspended solids (SS). The term "suspended solids (SS)" shall mean the laboratory determination of the dry weight expressed in parts per million (ppm) or milligrams per liter (mg/l) of solids that either float on the surface of are in suspension in sewage, or are settleable and can be removed from sewage by filtration under approved conditions of analysis.
(Code 1994, § 66-36)
Swale. The term "swale" shall mean that portion of the public right-of-way from the edge of the improved roadway to the edge of the sidewalk, inclusive, or in the alternative, from the edge of the improved roadway to the edge of the right-of-way (if no sidewalk).
(Ord. No. 2007-08, § 2, 4-26-2007)
Swimming pool. The term "swimming pool" shall mean any confined body of water located either above or below the existing finished grade of the site, exceeding 150 square feet in surface area, and two feet in depth, and designed, used or intended to be used for swimming or bathing purposes.
(Code 1994, § 30-398)
Taxpayer. The term "taxpayer" shall mean any person liable for taxes imposed under the provisions of this article; any agent required to file and pay any taxes imposed hereunder; and heirs, successors, assignees, and transferees of any such person or agent.
(Code 1994, § 58-78; Ord. No. 2007-01, § 2, 1-11-2007)
Telecommunication service. The term "telecommunication service" shall mean:
(1)
Local telephone service, toll telephone service, telegram or telegraph service, teletypewriter service or private communication service; or
(2)
Cellular mobile telephone or telecommunication service, or specialized mobile radio, and pagers and paging service, including, but not limited to, beepers and any other form of mobile and portable one-way or two-way communication, but does not include services or equipment incidental to telecommunication services enumerated in this subsection, such as maintenance of customer premises equipment, whether owned by the customer or not, or equipment sales or rental for which charges are separately stated, itemized or described on the bill, invoice or other tangible evidence of the provision of such service.
Such term does not include any internet access service, electronic mail service, electronic bulletin service or similar one-line computer service.
(Code 1994, § 58-51)
Temporary short-term sale. The term temporary short-term sale shall mean an outdoor sale that is less than 30 days in duration. Temporary short term sales shall include auctions, holiday sales, garage sales, and outdoor sales.
(Ord. No. 2010-09, § 2, 7-8-2010)
Temporary sign. The term "temporary sign" shall mean any sign erected and maintained for a specific length of time.
(Code 1994, § 30-176)
Temporary structure. The term "temporary structure" shall mean a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased, including, but not limited to, construction trailers and associated facilities, subject to the approval of the village council.
(Code 1994, § 30-398)
Temporary use. The term "temporary use" shall mean 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.
(Code 1994, § 30-398)
Tenant and occupant. The terms "tenant" and "occupant" shall mean:
(1)
When applied to a building or land, any person holding a written or oral lease or who occupies the whole or a part of the building or land, either alone or with others.
(2)
An occupant of land or premises, who occupies, uses and enjoys real property for a fixed time, usually through a lease agreement with the property owner and with the owner's consent.
(Code 1994, §§ 1-2, 30-398)
Tense. The present tense includes the past and future tenses. The future tense includes the present tense.
(Code 1994, § 1-2)
Terrace. The term "terrace" shall mean an open porch, without a permanent roof.
(Code 1994, § 30-398)
Theater. The term "theater" shall mean a building, or part thereof, devoted to showing motion pictures, or for dramatic, musical or live performances, not to include adult entertainment establishments.
(Code 1994, § 30-398)
Timeshare use. The term "timeshare use" shall mean any use, accommodation, facility or establishment under which the exclusive right of use, occupancy or possession circulates among various occupants in accordance with a fixed time schedule on a periodically occurring basis for a period of time established by such schedule.
(Code 1994, § 30-398)
Topping. The term "topping" shall mean undesirable pruning practices resulting in internodal cutting back of branches with little regard to the natural shape of the tree.
(Code 1994, § 30-88)
Tower. The term "tower" shall mean any ground mounted structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone and similar telecommunication purposes, including self-supporting lattice towers, guyed towers or monopole towers. Such term, as used in chapter 34, article VI, division 6, subdivision XIX does not include radio and television transmission towers, microwave towers, common carrier towers, alternative tower structures or other transmissions not provided for in this definition. Such term includes the structure and any ancillary buildings or structures, supports, guy wires and anchors.
(Code 1994, § 30-905)
Townhouse . The term "townhouse" shall mean a single-family dwelling , designated in such a manner so as to provide direct access to the outside, where no such unit is located over another unit, and the unit is connected by one or more common fire resistant walls. The term "townhouse" may also include the terms "duplex", "triplex", and "two-family dwelling".
(Code 1994, § 30-398; Ord. No. 2014-06, § 3, 5-8-2014)
Toxic pollutants. The term "toxic pollutants" shall mean a combination of pollutants, including disease-carrying agents, which, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms or their offspring.
(Code 1994, § 30-398)
Toxic substance. The term "toxic substance" shall mean any substance, whether gaseous, liquid or solid, which, when discharged to the sewer system in sufficient quantities, may tend to interfere with any sewage treatment process, constitute a hazard to human beings or animals, inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant.
(Code 1994, § 66-36)
Traffic control device. The term "traffic control device" shall mean any mechanism used to regulate traffic, such as pavement striping, signs, etc., excluding, however, for the purpose of chapter 34, article V, any mechanical or electrical device, such as traffic lights.
(Code 1994, § 30-246)
Trailer means any wheeled device or vehicle upon or within which persons or property may be transported over a road if coupled to or capable of being drawn by a motor vehicle.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Travel trailer. See the term "Recreational vehicle."
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Tree. The term "tree" shall mean a self-supporting woody plant of a species normally growing to a mature height of at least 15 feet in the county.
(Code 1994, § 30-88)
Triplex. The term "triplex" shall mean a multiple-family dwelling containing three separate dwellings.
(Code 1994, § 30-398)
Two-family dwelling. See the definition of the term Duplex.
(Code 1994, § 30-398)
Ultimate right-of-way. The term "ultimate right-of-way" shall mean an area set aside for future road widening or used as a means of ingress and egress or approach purposes as determined by the state department of transportation, village engineer or chapter 34, article VI, whichever provides the widest right-of-way.
(Code 1994, § 30-398)
Unity of title. The term "unity of title" shall mean a document recorded in the office of the clerk of the county circuit court, stipulating that a lot or parcel of land shall be held under single ownership; shall not be eligible for further subdivision; and shall not be transferred, conveyed, sold or divided into any unit, other than in its entirety.
(Code 1994, § 30-398)
Unshredded garbage. The term "unshredded garbage" shall mean solid waste from the preparation, cooking and dispensing of food or food products and from the handling, storing and sale of produce.
(Code 1994, § 66-36)
Use. The term "use" shall mean any purpose for which a building or the structure or tract of land may be designated, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on in a building or other structure, or on a tract of land.
(Code 1994, § 30-398)
Used vehicle lot. The term "used vehicle lot" shall mean a lot or group of contiguous lots used for the storage, display, sale or rent of vehicles, and where no repair work is done.
(Code 1994, § 30-398)
Utility. The term "utility" shall mean each and every utility or business entity requiring or receiving a franchise from the village.
(Code 1994, § 58-78)
Variance. The term "variance" shall mean a:
(1)
Grant of relief from the requirements of chapter 34, article II, which permits construction in a manner otherwise prohibited by such article where specific enforcement would result in unnecessary hardship.
(2)
Relaxation of the terms of chapter 34, article VI, where the variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the article would result in unnecessary and undue hardship.
(Code 1994, §§ 30-26, 30-398)
Vegetation, native. The term "vegetation, native," shall mean any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by man are not native vegetation.
(Code 1994, § 30-88)
Vegetation required to be preserved by law. The term "vegetation required to be preserved by law" shall mean areas of vegetation which must be preserved pursuant to the provisions of applicable law, and including wetlands vegetation, vegetation associated with environmentally sensitive areas, or historical or archaeological sites, and which are clearly delineated on a site plan, plat or in some other legally binding manner based upon which the area being preserved can be accurately identified and measured.
(Code 1994, § 30-88)
Vehicle or motor vehicle means any self-propelled conveyance designed for and used for the purpose of transporting or moving persons, animals, freight, merchandise, or any substance, and shall include passenger cars, trucks, buses, motorcycles, and scooters, and recreational vehicles.
(Code 1994, §§ 30-398, 42-1; Ord. No. 2007-08, § 2, 4-26-2007)
State Law reference— Similar provisions, F.S. § 715.07(1).
Vehicle sales. The term "vehicle sales" shall mean any person or business engaged in the buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale at wholesale or retail. Any person or business who offers or displays for sale three or more motor vehicles in any 12-month period shall be prima facie presumed to be engaged in such business. The terms "selling" and "sale" include lease-purchase transactions.
(Ord. No. 2013-04, § 2, 2-14-2013)
Vehicular sign. The term "vehicular sign" shall mean a sign affixed to or painted onto a transportation vehicle or trailer, for the purposes of business advertising. However, such term shall not include signs affixed to vehicles for identification purposes or as otherwise required by law.
(Code 1994, § 30-176)
Vehicular use area means areas used for parking, loading, circulation, storage and/or display of any type of vehicle.
(Code 1994, §§ 30-88, 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Vested project. The term "vested project" shall mean a project for which a final permit for land development activity was issued after June 30, 1989, and before July 1, 1990. A project's status as a vested project shall remain in effect for one year after issuance of all required permits, but in no case later than June 30, 1991.
(Code 1994, § 30-1002)
Video arcade. See the definition of the term Arcade, game/video.
(Code 1994, § 30-398)
Village. The term "village" shall mean the Village of Palm Springs, Florida.
(Code 1994, § 1-2)
Vine. The term "vine" shall mean a plant with a flexible stem which normally requires support to reach mature form.
(Code 1994, § 30-88)
Wall sign. The term "wall sign" shall mean any sign erected parallel to the face or on the outside wall of any building, and supported throughout its length by the wall of the building, which can project no more than 12 inches from the building. Each wall sign shall be fully enclosed in a commercially manufactured metal box or casement, or shall be backlit or channel letters of commercial manufacture.
(Code 1994, § 30-176)
Warehouse. The term "warehouse" shall mean any establishment engaged in operating facilities to store general merchandise, refrigerated goods, and other warehouse products for distribution. The warehouse shall not sell on-site, the goods they handle.
(Ord. No. 2013-01, § 2, 2-14-2013)
Waste. The term "waste" means the extravagant, careless, or needless expenditure of municipal funds or consumption of municipal property that results from deficient practices, systems controls or decisions. This term does not include management decisions which are merely debatable, nor does it include action or inaction which is inadvertent, unintentional, or insubstantial.
(Ord. No. 2011-20, § 1, 10-8-2011)
Wastewater. The term "wastewater," for domestic or home sewage, shall mean and include wash water, culinary wastes and liquid wastes containing human excreta and similar matter, flowing in or from a building drainage system originating in a dwelling, business building, factory or institution.
(Code 1994, § 66-36)
Water resource. The term "water resource" shall mean any and all water on or beneath the surface of the ground, including natural or artificial watercourses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground.
(Code 1994, § 66-152)
Water shortage condition. The term "water shortage condition" shall mean the condition existing when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
(Code 1994, § 66-152)
Water shortage emergency. The term "water shortage emergency" shall mean that situation when the powers which can be exercised under part II of F.A.C. ch. 40E-21 are not sufficient to protect the public health, safety or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses.
(Code 1994, § 66-152)
Water system, central. The term "water system, central," shall mean the supply of water to serve more than one dwelling, commercial, or other types of consumers, and shall include the water source, pipes, tanks, treatment plants, pumps and all other appurtenances to the system.
(Code 1994, § 30-246)
Week. The term "week" shall mean a period of seven consecutive days.
(Code 1994, § 1-2)
Wholesale. The term "wholesale" shall mean the sale of goods or commodities usually in bulk or large quantities and usually at a lower cost to a retailer for his resale.
(Code 1994, § 30-398)
Window sign. The term "window sign" shall mean any sign, including logos, graphics, pictures, advertising and lettering (excluding the business address), which is within 36 inches of a building opening, or transparent or translucent covered opening (for example, a window, door or arch), and which is facing such opening so that the message on the sign is visible from outside the building. This includes business identification, logos or symbols, and commercial messages on window treatments, solar screens, perforation vinyl or tint films.
(Code 1994, § 30-176; Ord. No. 2018-01 , § 2, 7-12-2018)
Work. The term "work" shall mean all required construction as shown on approved plans and specifications for all facilities and features of any kind which are required, related to the process of the subdivision of land under chapter 34, article V.
(Code 1994, § 30-246)
Written. The term "written" shall include any representation of words, letters, symbols or figures.
(Code 1994, § 1-2)
Writing. The term "writing" shall include handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials.
(Code 1994, §§ 10.02, 10.04, 10.08)
Yard, corner means the open space on the side of a corner lot being a minimum horizontal distance between the ultimate right-of-way line and any structure or any projection thereto.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Yard, front means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Yard, interior means a yard between any structure and the side line of the lot, extending from the required front yard and being the minimum distance between a side of the structure and projections thereto, or any other building.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Yard, rear means the open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Yard, side means the open space between the main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Yards means the unoccupied and unobstructed open spaces on the same lot with the main building which extend from the ground upward.
(Code 1994, § 30-398; Ord. No. 2007-08, § 2, 4-26-2007)
Year. The term "year" shall mean a calendar year.
(Code 1994, §§ 1-2, 1-4(b))
Zero lot line. The term "zero lot line" shall mean an allowable development approach in which a building is sited on one or more lot lines, with no yard. Conceivably, three of the four sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot.
(Code 1994, § 30-398)
State law reference
Definitions, F.S. § 1.01.