Editor's note— Ord. No. 343, adopted Nov. 17, 2005, repealed § 58-1, in its entirety. Prior to this amendment, § 58-1 pertained to general information and derived from Ord. No. 321, § 1, adopted Aug. 9, 2001.

The adoption of this Code is consistent with, compatible with and furthers the goals, objectives, policies, land uses, and densities or intensities in the comprehensive plan.

(Ord. No. 321, § 1, 8-9-01)

The provisions of this Code shall apply to the development of all land in the total incorporated area of the Town of Haverhill, except as expressly and specifically provided otherwise in this Code. No development shall be undertaken without prior authorization pursuant to this Code as well as any other applicable provision of the Code of Ordinances of the Town of Haverhill.

(Ord. No. 321, § 1, 8-9-01)

The provisions of this Code are the minimum requirements necessary to accomplish the purposes of this Code and implement and ensure consistency with the comprehensive plan.

(Ord. No. 321, § 1, 8-9-01)

(a)

General. As provided in this section, the provisions of this Code and any amendments hereto shall not affect the validity of any lawfully approved development order approved prior to the effective date of this Code if the development order remains valid. Specifically, uses, site design elements and tabular data shown on a valid building permit, a certified master plan or site plan, or an approved subdivision plan or land development permit will not be subject to these provisions for any information clearly shown, provided such items comply with the previous code.

(b)

Subsequent development orders and applications in process.

(1)

General. This section establishes a procedure which honors previously approved development orders and the associated site elements and requires that subsequent development orders comply with this Code. This section recognizes that conflicts may arise when a development previously approved has not obtained a final development order. In cases of such conflict, the town staff shall advise an applicant to what extent this Code shall be applied. The town staff shall apply the standards of this Code to the greatest extent possible given the constraints of the site, the constraints of the existing valid plats of record, the provisions of this section, and the need to mitigate impacts to assure compatibility.

(2)

No final development order. Projects with a valid development order which are required to have but do not have an approved master plan or site plan, or an approved subdivision plan or land development permit, may apply for approval of the subsequent development permit as provided herein. Uses or site design elements not specifically shown on an approved plan shall be required to comply with this Code, or any amendments hereto, for the purposes of obtaining a subsequent development order.

(3)

Applications filed prior to the effective date of this Code. An application for a special exception, special permit, district boundary change (rezoning), site plan approval, subdivision plan or land development permit, or a building permit which is filed with and accepted by the town prior to the effective date of this Code may be reviewed and processed under the terms of Ordinances No. 225 and 229, as amended. In addition, all relevant applications shall be subject to the prehearing conference on or before the effective date of this Code and receive site plan or subdivision approval on or before August 9, 2001, in order to continue to be reviewed and processed under the terms of Ordinances No. 225 and 229, as amended. However, these applications must also comply with section 58-5(b)(2) herein. After approval, the application shall be considered a project with a valid development order for the purposes of modification and applicability of the general requirements of this Code, or any amendments hereto. Applications submitted after August 9, 2001 shall be reviewed under the standards of this Code.

(4)

Modifications to previously approved development orders and permits. The provisions of this Code shall apply to any request to modify any development order or permit.

(5)

Town council conditions. Town council conditions shall govern project development and site design in the event they exceed the requirements of this Code.

(6)

Uses no longer regulated as special exceptions. All uses approved under the previous zoning code shall be required to develop pursuant to the terms of their development order except as provided in this section. All council-imposed conditions shall be carried forward and remain applicable to the subject property, except those that are substandard to this Code. Future modifications to the approved plans shall be made consistent with the procedures and requirements of this Code.

(c)

Existing uses. All uses existing on the effective date of this Code or any amendment hereto, that preexisted or were permitted pursuant to previous codes, and have continued pursuant to the standards for nonconforming uses, and which are not permitted in this Code, shall be considered nonconforming under the terms of this Code. Uses not legally permitted by this Code or under previous codes shall be considered illegal.

(d)

Invalid approvals. Development orders and permits that are invalid shall be subject to all applicable provisions of this Code. Invalid development orders and permits are projects which have been revoked, have expired or have been found by any board, committee or special master empowered to enforce this Code to be not in compliance with any conditions of development approval or time certain requirements of this Code, or any amendments hereto.

(Ord. No. 321, § 1, 8-9-01)

(a)

Authority. Interpretations to this Code shall be made by the town staff.

(b)

Initiation. An interpretation may be requested by any landowner or person having a contractual interest in land in the Town of Haverhill, or any person that has submitted an application for development, building or other permit or license pursuant to the procedures of this Code.

(c)

Procedures.

(1)

Submission of request for interpretation. Before an interpretation shall be provided by the town staff, a request for interpretation shall be submitted to the town administrator and accompanied by a fee established by the town council from time to time for the filing and processing of the request for interpretation. The fee shall be non-refundable.

(2)

Determination of sufficiency. Within ten working days after a request for interpretation has been submitted, the town staff shall determine whether it is sufficient.

a.

If the town staff determines that the request is not sufficient, a written notice shall be served on the applicant specifying the deficiencies. No further action shall be taken on the request for interpretation until the deficiencies are remedied. If the applicant fails to correct the deficiencies within ten working days, the request for interpretation shall be considered withdrawn.

b.

When the request for interpretation is determined sufficient, the town staff shall review and render an interpretation pursuant to the procedures and standards of this section.

(3)

Rendering of interpretation. Within 15 working days after the request for interpretation has been determined sufficient, the town staff shall review and evaluate the request in light of the comprehensive plan, this Code, and the official zoning map, whichever is applicable, consult with any other official as deemed necessary, and then render an interpretation.

(d)

Form. The interpretation shall be in writing and shall be sent to the applicant by mail within five working days after the interpretation is made.

(e)

Appeal.

(1)

Initiation. Twenty working days after issuance of a written interpretation, or after any decision of a town official, staff person or professional consultant, the person aggrieved by such interpretation or decision under any provision of this chapter or the building code, the aggrieved party may appeal the decision to the town council.

(2)

Public hearing. The town council shall hold a hearing on the appeal within 40 working days of the appeal. The hearing date may be postponed or continued by the town council at its discretion.

(3)

Staying of work on premises. An appeal to the town council stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the town council that, by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the town council or by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown

(4)

Standard of review. At the appeal hearing, the town council shall consider the interpretation or decision of the town staff, official or consultant, and public testimony in light of the comprehensive plan, this Code, the building code, and the official zoning map, whichever is applicable. The council shall not modify or reject the town staff's interpretation if it is supported by substantial competent evidence, unless the interpretation or decision is found to be contrary to the comprehensive plan, this Code, the building code or the official zoning map, whichever is applicable.

(f)

Official record. The town administrator shall maintain a record of the interpretation. This record shall be available for public inspection, upon reasonable request, during normal business hours.

(g)

Judicial remedy. An aggrieved party may appeal a final decision of the town council to the circuit court of Palm Beach County. Such an appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created before the town council. An appeal shall be filed within 30 days of the execution of the decision of the town council to be appealed.

(Ord. No. 321, § 1, 8-9-01; Ord. No. 394, § 2(Exh. A), 5-6-10)

In the construction of the language of this Code, the rules set out in this section shall be observed unless such construction would be inconsistent with the manifest intent of the town council as established in the comprehensive plan. The rules of construction and definitions set out herein shall not be applied to any express provisions excluding such construction.

(1)

Generally.

a.

All provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the town council as established in the comprehensive plan may be fully carried out. Terms used in these regulations, unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the State of Florida for the same terms.

b.

In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions upon the subject matter than a general provision imposed by the comprehensive plan or another provisions of this Code, the provisions imposing the greater restriction or regulation shall be deemed to be controlling.

c.

Some technical terms which are unique to a chapter or ordinance, are defined in that chapter or ordinance. For example, stormwater management terms are also defined in Ordinance No. 228.

(2)

Text. In case of any difference of meaning or implication between the text of this Code and any figure, the text shall control.

(3)

Computation of time. Computation of time means the time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.

(4)

Day. Day means any calendar day unless otherwise stated. Violations shall be calculated on calendar days.

(5)

Delegation of authority. Whenever a provision appears requiring a town officer or employee to do some act or perform some duty, it is to be construed to authorize said officer or employee to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(6)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(7)

May. May means permissive.

(8)

Month. Month means a calendar month.

(9)

Non-technical and technical words. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(10)

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing. The use of the plural number shall be deemed to include any single person or thing.

(11)

Shall. Shall means mandatory.

(12)

Tense. Words used in the past or present tense include the future as well as the past or present.

(13)

Week. Week means seven calendar days.

(14)

Written. Written means any representation of words, letters or figures whether by printing or other form or method of writing.

(15)

Year. Year means a calendar year, unless a fiscal year is indicated or 365 calendar days is indicated.

(16)

Include. Use of "include" shall not limit a term to the specified examples, but is intended to extend its meaning to all other instances or circumstances of like kind or character.

(17)

Exclusivity of uses in districts. The uses in the districts established in this Code, are exclusive, and shall be permitted subject to the standards and procedures of this Code.

(18)

Interpretation of district boundaries. Where uncertainty exists concerning boundaries of districts as shown on the official zoning map, the following rules shall be used in the interpretation of the district boundaries.

a.

Center lines. Boundaries indicated as approximately following the centerlines of streets, alleys or highways shall be construed as following such centerlines.

b.

Lot, section and tract lines. Boundaries indicated as approximately following platted lot lines, section or tract lines shall be construed as following such lines.

c.

Parallel lines. Where boundaries are approximately parallel to a street, highway, road, alley or railroad right-of-way, the distance of such boundaries from the property line of such street, highway, road alley or railroad right-of-way, shall be, unless otherwise shown by dimensions, one lot depth on lots facing said street, highway, road, alley or railroad right-of-way, or approximately 150 feet, on acreage and tracts or on parallel lots, to the nearest lot line between lots to conform to adjacent district lines.

d.

Bisecting lines. Where boundaries approximately bisect blocks, the boundaries are the median line of such blocks, between the center lines of boundary street.

e.

Uncertainties. Where the physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in case any other uncertainty exists, the town staff shall interpret the intent of the official zoning map as to the location of boundaries.

f.

Street abandonment. Where a public road, street or alley is officially vacated or abandoned, the regulations applicable to the land to which it reverted shall apply to such vacated or abandoned road, street, or alley.

g.

Excluded areas. Where parcels of land and/or water areas have been inadvertently excluded from a district classification in any manner, said parcels shall be given a classification by the town council that is consistent with the comprehensive plan. Such cases shall be processed in the same manner as applications for development permits for amendments to the official zoning map.

(19)

Special provisions for lots divided by district boundaries. Where any lot, existing at the effective date of this Code, is located in two or more districts in which different uses are permitted, or in which different use, area, bulk, accessory offstreet parking and loading, or other regulations apply, the provisions of this section shall apply.

a.

Use regulations. If more than 50 percent of the lot area is located in one of two or more districts, the use regulations applicable to the district containing the majority lot area shall apply to the entire lot, if consistent with the land use designation on the comprehensive plan.

b.

Property development regulations. If more than 50 percent of the lot area is located in one of two or more districts, the property development regulations applicable to the district containing the majority lot area shall apply to the entire lot.

(20)

Or. Either or both cases may apply.

(21)

And. All cases must apply.

(22)

Measurement of distance. Words requiring distance separation between a proposed use and another use shall require the spatial separation between the proposed and the other use within the town and, if applicable, between the proposed use in the town and uses in other jurisdictions including municipalities and Palm Beach County.

(Ord. No. 321, § 1, 8-9-01)

Terms in this Code shall have the following definitions.

A-Weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-Weighting network. The standard notation is dB(A) or DBA.

Abutting property means property lying immediately adjacent to and sharing a common property line with other property.

Access means a way to enter or exit a facility or lot.

Access, legal means the principal means of access from a lot to a public street, or to a private street over which a perpetual ingress and egress easement or right-of-way has been granted to the owners of any lot serviced by such street.

Access way means a non-dedicated area which is permitted for ingress and egress of vehicles or pedestrians. An access way is permitted to traverse a required landscape buffer.

Accessory building or structure means a detached, subordinate building meeting all property development regulations, the use of which is clearly incidental and related to that of the principal building or use of the land, and which is located on the same lot as that of the principal building or use.

Accessory dwelling unit (ADU) means an ancillary or secondary dwelling unit located either within the same principal dwelling unit, or on the same lot as a principal single family detached dwelling unit and contains a complete, independent living facility equipped with a separate kitchen, bathroom and sleeping area.

Accessory use see Use, accessory.

Acre means land or water consisting of 43,560 square feet.

Act means the Local Government Comprehensive Planning and Land Development Regulation Act, F.S. §§ 163.3161 et seq. (1989), as may be amended from time to time.

Adult arcade means for the purposes of the adult entertainment establishment provisions of this Code, any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this Code, "adult arcade" is included within the definition of "adult theater."

Adult bookstore/adult video store means for the purposes of the adult entertainment establishment provisions of this Code, an establishment which sells, offers for sale or rents adult material for commercial gain; unless the establishment demonstrates (a) the adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than 20 percent of the gross income from the sale or rental of goods or services at the establishment, and (b) the individual items of adult material offered for sale or rental comprise less than five percent of the individual items, as stock in trade, publicly displayed in the establishment and which is not accessible to minors at the establishment.

Adult booth means for the purposes of the adult entertainment establishment provisions of this Code, a small enclosed or partitioned area inside an adult entertainment establishment which is: (a) designed or used for the viewing of adult material by one or more persons and (b) is accessible to any person, regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth, or other booth used to view adult material. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.

Adult dancing establishment means for the purposes of the adult entertainment establishment provisions of this Code, an establishment selling, serving or allowing consumption of alcoholic beverages, where employees display or expose specified anatomical areas to others regardless of whether the employees actually engage in dancing.

Adult entertainment establishment means:

(1)

Any adult arcade, theater, adult bookstore/video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, agent, independent contractor, operator or owner, or any customer or patron, exposes his/her specified anatomical area for viewing by others, including but not limited to: massage establishments, whether or not licensed pursuant to F.S. ch. 480, tanning salons, modeling studios, or lingerie studios.

(2)

Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

(3)

An establishment that possesses an adult entertainment license is presumed to be an adult entertainment establishment.

Adult material means for the purposes of the adult entertainment establishment provisions of this Code, any one or more of the following, regardless of whether it is new or used:

(1)

Books, magazines, periodicals or other printed matter; photographs, films, motion pictures, video cassettes, slides, or other visual representations; recordings, other audio matter; and novelties or devices; which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; or

(2)

Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

Adult motel means for the purposes of the adult entertainment establishment provisions of this Code, a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.

Adult theater means for the purposes of the adult entertainment establishment provisions of this Code, an establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of adult material. "adult motels," "adult arcade," "adult booth" and "adult motion picture theater" are included within the definition of "adult theater". An establishment which has "adult books" is considered to be an "adult theater."

Adult video store see adult bookstore.

Advertising structure means any structure erected for advertising purposes, with or without any advertisement displayed thereon, situated upon or attached to land, upon which any poster, bill, printing, painting, device or other advertisement may be placed, posted, painted, tacked, nailed, or otherwise fastened, affixed, or displayed. "Advertising structure" does not include buildings.

Agreement means a development agreement, public facilities agreement, or other binding agreement entered into between the applicant and the Town of Haverhill or other service provided for the purposes of assuring compliance with the adopted level of service standards. The form of the agreement may include, but not be limited to, a development agreement pursuant to F.S. § 163.3220.

Aggrieved or adversely affected person means any person or local government which will suffer an adverse effect to an interest protected or furthered by the comprehensive plan, including interests related to health and safety, police and fire protection systems, densities or intensities of development, transportation facilities, health care facilities, or environmental or natural resources. The alleged adverse effect may be shared in common with other members of the community at large, but shall exceed in degree the general interest in common good shared by all persons.

Air rights means the right to use space above ground level.

Alley means a right-of-way providing a secondary means of access to property and is not intended or used for principal traffic circulation.

Alteration, building means any change in the structure which will increase the number of dwelling units, the floor area, or height of the structure.

Amusements, temporary means an activity which includes the provision of rides, amusements, food, games, crafts or performances outside of permanent structures. Typical uses include carnivals, circuses, auctions, and tent revivals.

ANSI means the American National Standards Institute or its successor bodies.

Antenna means the arrangement of wires or metal rods used in the sending or receiving of electromagnetic waves.

Antenna support structure means any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennas.

Antenna height means the overall vertical length of the antenna and antenna support structures above grade, or if such system is located on a building, then the overall vertical length includes the height of the building upon which the structure is mounted. In the event a retractable or demountable-type antenna support structure is utilized, the antenna height is to be calculated as the overall vertical length of the antenna and antenna support structure when fully extended.

Applicant means the owner of record, the agent pursuant to an agent's agreement acceptable to the town attorney or the mortgagor in the case of bankruptcy.

Architect means a person duly registered and licensed to practice architecture in the State of Florida.

Arterial street see street, arterial.

Artificial light source shall mean any exterior source of light emanating from a man-made device, including, but not limited to, incandescent, mercury vapor, metal halide or sodium lamps, spotlights, flood lights, landscaping lights, street lights, vehicular lights, construction or security lights.

Attic means the non-habitable storage area immediately beneath the pitch of a roof.

Automotive service station means an establishment engaged in the retail sale of gasoline or other motor fuels, which may include accessory activities such as the sale of accessories or supplies, the lubrication of motor vehicles, the minor adjustment to or minor repair of motor vehicles, or the sale of convenience food items.

Base building line means a line horizontally offset from and running parallel to the centerline of a street from which setbacks for front yard, corner side yard, and lot standards are measured as set forth in this Code.

Bathroom means an area of a dwelling unit which has a water closet and may have a sink, tub or shower.

Biohazardous waste means any solid waste or liquid waste which may present a threat of infection to humans. The term includes, but is not limited to, non-liquid human tissue and body parts; hospital, laboratory or veterinary waste which contains human-disease causing agents; human blood, human blood products and body fluids.

Block means a parcel of land entirely surrounded by streets, canals, parks or other public space or a combination thereof.

Boarding house means a dwelling, a part thereof, in which lodging is provided by the owner or operator to three or more boarders.

Boat trailer means a trailer used or designed to be used for the carrying of boats.

Boundary plat see plat, boundary.

Breakaway walls mean any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or other suitable building material, that is not part of the structural support of the building and is intended through its design and construction to collapse under specific loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Buffer, landscape see landscape, buffer.

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

Building means the structure for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything having a permanent location on the ground, such as homes, towers, walls, fences, swimming pools, patios, driveways, pavers, porches, sheds, mobile homes, shutters, awnings.

Building coverage means that portion of the area of a 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 ground level.

Building height means the vertical distance in feet from finished grade to the highest point of the roof, measured from the grade.

Building official means the official or his authorized representative charged with administration and enforcement of the building and zoning codes for the town.

Building permit means an official document or certificate issued by the governmental authority having jurisdiction, authorizing the construction of any building. Building permit includes a tie-down permit for a structure or building that does not require a building permit, such as a mobile home, in order to be occupied.

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

Building site means a portion 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 accessory buildings and open spaces belonging to the same.

Canopy, tree means the upper portions of trees consisting of limbs, branches, and leaves, which constitute the upper layer of a forested community.

Car wash or auto detailing means an establishment primarily engaged in the washing or detailing of motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Detailing includes hand washing and waxing, window tinting, striping, and interior cleaning.

Carport means a roofed area open on one, two or three sides and attached to the main building, for the storage of one or more vehicles.

Catchment means a sub-area of a drainage basin which contributes stormwater runoff by overland flow to a common collection point.

Certificate of occupancy means a statement signed by the town building official setting forth that a building or structure legally complies with the town building and zoning codes and that the same may be used for the purposes stated therein. A certificate of occupancy may be conditional, temporary or final.

Champion tree means the largest tree of a species which has been designated by the Florida Department of Agriculture and Consumer Services.

Change of message means each text frame of an electronic message center sign which shall hold constant for a minimum of two seconds.

Chipping and mulching means an establishment using a permanent facility designed to cut tree limbs, brush or construction debris into small pieces for use as mulch.

Clustered lots means residential parking lots grouped on a common street or parking tract where access is either a dead-end street, loop, or otherwise designed so as to preclude its extension for access to additional lots.

Code means Code of Laws and Ordinances of the Town of Haverhill, Florida, including this Code.

Code inspector means any authorized agent or employees of the town whose duty is to assure Code compliance.

Collector street see street, collector.

Colonnade means a covered pedestrian structure over a sidewalk that is open to the street except for supporting columns. Awnings are not considered colonnades.

Commercial gain means for the purpose of the adult entertainment establishment provisions of this Code, operated for pecuniary gain, which shall be presumed for any establishment which has received an occupational license. For the purpose of this Code, commercial or pecuniary gain shall not depend on actual profit or loss.

Compatibility means land uses that are congruous, similar and in harmony with one another because they do not create or foster undesirable health, safety or aesthetic effects arising from direct association of dissimilar, contradictory, incongruous, or discordant activities, including the impacts of intensity of use, traffic, hours of operation, aesthetics, noise, vibration, smoke, hazardous odors, radiation, function or other land use conditions.

Complaining land means that land which is included in a residential district receiving sound levels above those permitted by this Code.

Completely enclosed means a building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods, or vehicles.

Comprehensive plan means the 1989 Town of Haverhill Comprehensive Plan, as amended from time to time, adopted pursuant to F.S. ch. 163.

Concurrency requirements of the plan means the provisions in the town's comprehensive plan and the implementing land development regulations requiring that public facilities for traffic circulation, mass transit, sanitary sewer, potable water, recreation/open space, fire-rescue, solid waste, and drainage are available at the minimum levels of service concurrent with the impact of the development.

Condemnee means either:

(1)

The owner of a parcel of land against which an eminent domain proceeding has been initiated by a government authority; or

(2)

The owner of a parcel of land that has sold that parcel of land to a governmental authority under the threat of an eminent domain proceeding against the owner of a parcel of land; or

(3)

The governmental authority that has been sold a parcel of land by a land owner threatened by an eminent domain proceeding for that parcel of land.

Condemnor means either:

(1)

The governmental authority instituting an eminent domain proceeding against the owner of a parcel of land; or

(2)

The governmental authority that has been sold a parcel of land by a property owner threatened by an eminent domain proceeding for that parcel of land.

Condition of approval means a condition imposed as part of, or associated with, the issuance of a valid development order.

Congregate living facility means a residential land use consisting of any building or section thereof, residence, private home, boarding home, home for the aged, or any other residential structure, whether or not operated for profit, which undertakes, for a period exceeding 24 hours, care, housing, food service, and one or more personal services for persons not related to the owner or administrator by blood or marriage. In addition, the term shall include rehabilitative home care development service housing, assisted living facilities, transitional living facilities, community residential homes as defined by F.S. ch. 419, sober living home, boarding home, home for the aged, recovery residence, and adult congregate living facilities for the physically impaired, mentally impaired, developmentally disabled persons, or person 60 years of age or older, and dormitory, group home with a central dining facility, and similar bed-based use. 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.

Congregate living facility, type 1 means a congregate living facility that provides a residence for no more than six persons.

Congregate living facility, type 2 means a congregate living facility that provides a residence for more than six but less than 14 persons.

Congregate living facility, type 3 means a congregate living facility that provides a residence for 14 or more persons.

Congregate living personal services means assistance with or supervision of essential activities of daily living such as eating, bathing, grooming, dressing, and ambulating; supervision of self-administered medication and such other similar services as may be defined by the Florida Department of Health and Rehabilitative Services.

Construction means the placement, assembly, erection, substantial repair, alteration or demolition of a building or structure on land, the placement of concrete, asphalt, similar materials on land, or grading or earthwork of land.

Construction work means any site preparation, assembly erection, substantial repair, alteration, demolition or similar action to buildings or land.

Contiguous means, but is not limited to, lands separated only by streets, easements, pipelines, power lines, conduits, rights-of-way under ownership of the land owner of one of the subject parcels, a property owners' association, a governmental agency, or a public utility. For density purposes only, contiguous means lots that share a common border. (Lots that touch point-to-point, and lots which are separated by waterways, streets or major easements are not considered contiguous for density calculations).

Convenience store means an establishment, not exceeding 3,500 square feet of gross floor area, serving a limited market area and engaged in the retail sale or rental, from the premises, of food, beverages, and other frequently or recurrently needed items for household use, excluding gasoline sales.

Convenience store with gas sales means an establishment, not exceeding 3,500 square feet of gross floor area, serving a limited market area and primarily engaged in the retail sale or rental, from the premises, of food, beverages, and other frequently or recurrently needed items for household use, including accessory gasoline sales.

County means Palm Beach County, Florida.

Covenant means a recordable instrument that runs with the land, binds the fee simple owner, heirs, successors, and assigns, and is recorded. It may include recorded development agreements or other agreements. Covenants may include the Town of Haverhill as a party or intended beneficiary, shall recite the benefit intended, and shall include any terms or conditions under which it may be released.

Cul-de-sac means a dead-end street terminating in a circular vehicular turn-around.

Data and information processing means the use of an establishment for business offices of a commercial nature, including corporate centers, mail processing and telemarketing centers. Such uses are not frequented by the general public.

Day care center, general means an establishment, licensed by the Department of Children and Family Services, which provides daytime or nighttime care, protection for 21 or more children or adults for a period of less than 24 hours per day on a regular basis.

Day care center, limited means an establishment, licensed by the Department of Children and Family Services, which provides daytime care, protection and supervision for six to 20 children or three to 20 adults for a period of less than 13 hours per day on a regular basis. Limited day care centers do not provide nighttime care.

DBA means the total sound level of all noise as measured with a sound level meter using A-weighting network. The unit is decibel based on a reference sound pressure of .0002 micro-bars.

Dead-end street see street, dead-end.

Decibel means a unit of sound pressure level, abbreviated as dB.

Decision/order means an administrative act of the town council or any board, unless otherwise noted, constituting final agency action consistent with their powers as described herein.

Density means the ratio of the number of dwelling units per acre of land. Density shall be calculated by dividing the number of dwelling units on a lot by the lot area (in gross acres). When the result is other than a whole number, only the whole number shall be considered as the density.

Developer means any person, including a governmental agency, undertaking any development, including the subdivision or platting of land.

Developer's agreement means an agreement entered into among the Town of Haverhill, or a service provider(s) and a person associated with the development of land pursuant to the terms of this Code.

Developer's engineer means a single engineering firm or a professional engineer registered in Florida, and engaged by the developer to coordinate the design and monitor the construction of the work required under chapter 54, Subdivision, Platting and Required Improvements.

Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of land, demolition of a structure, site preparation work, lot clearing or the dividing of land into two or more parcels.

Development of regional impact (DRI) means a specific type of development as defined in F.S. § 380.06.

Development order means any order granting or granting with conditions an application for development permit.

Development permit means any amendment to the text of this Code or official zoning map (rezone), planned development, site plan/final subdivision plan, subdivision, building permit, variance, special exception, certificate of conformity or any other official action of the Town of Haverhill having the effect of permitting the development of land or the specific use of land.

Dispatching office means an establishment principally involved in providing services off-site to households and businesses using land-based communication. Typical uses include janitorial services, pest control services, and taxi limousine, and ambulance services.

District means any certain described area of the town to which these Code regulations apply and within which the zoning regulations are uniform.

Drainage easement see easement, drainage.

Drive-through means any place of business which serves, sells or otherwise makes available its services or products to patrons situated in automobiles for their off-premise use or consumption.

Driveway means a strip of land, other than a street or alley, providing ingress and egress for vehicular traffic from the abutting street, alley or thoroughfare to a building.

Driveway, shared means a driveway that serves more than one dwelling unit.

Drought-tolerant tree means a tree, excluding prohibited or controlled species, classified as very or moderately drought tolerant in the SFWMD Xeriscape Plant Guide.

Dry detention/retention means detention or retention of water in a storage facility which is designed, constructed and operated to limit the duration of ponding within the facility so as to maintain a normally dry bottom between rainfall events.

Duplex, see "dwelling, two-family."

Dwelling means any building or portion thereof designed for or used for residential purposes.

Dwelling, multiple-family, means a single building designed for three or more families, with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling, single-family, means a detached dwelling designed for one family.

Dwelling, two-family, means a single building designed for two families with separate housekeeping, sanitary, and cooking facilities for each family.

Dwelling unit means one or more rooms designed, occupied or intended for human occupancy as separate living quarters, with only one kitchen plus sleeping and sanitary facilities provided within the unit, for the exclusive use of a single family maintaining a household. All rooms in the dwelling unit must be accessible from the interior of the unit.

Easement means any strip of land created by a subdivider or granted by the owner, for public or private access, utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the name of the land owner, subject to the right of use designated in the reservation of the servitude.

Easement, drainage means an easement establishing rights to collect, drain or convey surface water by means of natural or man-made facilities, including, but not limited to, water bodies, water courses, canals, ditches, swales, storm sewers and overland flow. It also includes any fee interest of a governmental entity in land to collect, drain, or convey water.

Easement, limited access means an easement established adjacent to a street for the purpose of prohibiting vehicular access to the street from abutting property except at those locations specifically authorized by the town council.

Easement, quasi-public means an easement granted to a property owners' association in which the town or public have some beneficial interest.

Easement, public means an easement granted to a governmental entity, public agency, a utility, or the public.

Easement, utility means an easement established for the purpose of the installation, operation, repair, or maintenance of facilities and equipment used to provide utility services.

Easement holder or beneficiary means the grantee of an easement or persons directly benefitting from the existence of the easement.

Ecosystem means an assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water, air, etc.) that functions as a dynamic whole through which organized energy flows.

Educational institution means a premises or site within the town or within the unincorporated area of the county upon which there is a governmentally licensed child care facility for six or more children or elementary or secondary (k-12) school, public or private, attended in whole or in part by persons under 18 years of age.

Egress means exit.

Elderly person has the meaning given to it in F.S. § 760.22(5)(a), as amended.

Elevated building means a non-basement building that has its lowest floor elevated above ground level by means of fill, solid foundation perimeter wall pilings, columns, posts or piers, shear walls, or breakaway walls.

Emergency work means work made necessary to restore land and improvements thereon to a safe condition following a calamity or natural disaster, or work required to protect persons or property from imminent exposure to danger.

Emergency means any unusual incident which results in immediate danger to the health, safety, welfare or resources of the residents of the town.

Eminent domain proceedings mean either (a) those formal court initiated civil actions to acquire fee simple, easement, or right-of-way interest in land for governmental purposes, or (b) a voluntary conveyance of such in lieu of formal court initiated action.

Employee, as it pertains to an adult entertainment establishment means any person who works, performs or exposes his/her specified anatomical areas in an establishment, irrespective of whether said person is paid a salary or wages by the owner or manager of the business, establishment, or premises. "Employee" shall include any person who pays any form of consideration to an owner or manager of an establishment, for the privilege to work performing or exposing his/her specified anatomical areas within the establishment.

Encroachment, vehicular means any protrusion of a motor vehicle outside of the boundaries of a vehicular use area into a landscape or other area.

Encumber means to reserve or earmark funds for a specific expenditure or an identified development.

Endangered, threatened, rare, and species of special concern means any species listed endangered, threatened, rare, or of special concern by one or more of the following agencies:

(1)

U.S. Fish and Wildlife Service;

(2)

Florida Game and Fresh Water Fish Commission;

(3)

Florida Committee on Rare and Endangered Plants and Animals;

(4)

Florida Department of Agriculture and Consumer Services; or

(5)

Treasure Coast Regional Planning Council.

Enforcement Board means the Town of Haverhill Code Enforcement Board.

Engineer means a person registered as a professional engineer in the State of Florida.

Enlargement or to enlarge means an addition to the floor area of an existing building, an increase in the size of any other structure, an addition of a use, or an increase in that portion of a tract of land occupied by an approved use.

Entertainment, indoor means an establishment offering entertainment or games of skill to the general public for a fee or charge and wholly enclosed in a building, excluding fitness centers and gun clubs, ranges and galleries. Typical uses include bowling alleys, bingo parlors, movie theaters, pool halls, billiard parlors and video game arcades.

Entertainment, outdoor means an establishment offering entertainment or games of skill to the general public for a fee or charge wherein any portion of the activity takes place in the open, excluding public parks. Typical uses of an athletic nature include archery ranges, athletic fields, batting cages, golf driving ranges and tennis courts. Other uses include go-cart tracks, miniature golf courses, jet skiing, swimming pools, tennis courts and wind surfing but excluding gun clubs, ranges and galleries.

Equestrian arena means an establishment engaged in commercial spectator activities involving horse racing or equestrian shows, but excluding any establishment engaged in pari-mutual betting.

Establishment means the site or premises on which the business is located, including the interior of the business, or portion thereof, upon which activities or operations are being conducted for commercial gain.

FAC means the Florida Administrative Code.

Family shall mean one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, which may also include not more than one boarder, roomer or lodger, or a group of persons not more than three in number who are not all interrelated, occupying the whole or part of a dwelling as a separate housekeeping unit wit a single set of culinary facilities. The persons thus constituting a family may also include gratuitous guests and domestic servants. Any person under the age of 18 years whose legal custody has been awarded to the state Department of Children and Family Services or to a child-placing agency licensed by the state, or who is otherwise considered to be 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 chapter.

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

Final site plan means the most recent site plan approved by the town council.

Final subdivision plan means the most recent subdivision plan approved by the town council.

Financial institution means an establishment engaged in deposit banking. Typical uses include commercial banks, savings institutions, and credit unions, including outdoor automated teller machines and drive-thru facilities.

Fixed mechanical equipment means mechanical equipment, such as an air conditioning unit, water cooling tower, swimming pool pump, irrigation pump, well water pump, fan, power generator or other similar power source equipment, permanently affixed to land, as distinguished from temporary, portable, non-fixed mechanical equipment.

Flag means any freely waving fabric or material containing distinctive colors, patterns, or symbols.

Flood hazard boundary map (FHBM) means the official map of Palm Beach County, produced by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as zone A.

Floor means the top surface of an enclosed area in a building (including basement) i.e., top of slab in concrete construction or top of wood flooring in wood frame construction. The term does not include patios, porches or the floor of a garage used primarily for parking motor vehicles.

Floor area means the sum of the gross areas of the horizontal plane of each story of a building excluding parking structures measured from the exterior faces of the exterior walls or from the centerline of walls separating 2 buildings, excluding attic space, unenclosed areas, fire escapes, atrium space and basement space where the ceiling is less than 72 inches above the floor. For the purpose of this definition, "attic space" shall be that portion of a building immediately below the roof of a building not designed, arranged or used for business purposes or habitation, and "basement space" shall be that portion of a building partly underground having less than half its height above the established grade.

Floor area ratio (FAR) means the ratio of the total floor area of all structures on a lot to the lot area, excluding vertical core circulation areas for multistory structures.

Frontage see "Lot frontage."

Garage, private means an accessory roofed structure or a portion of a main building providing space for the parking or storage of motor vehicles of the occupants of the main building, including a carport.

Garage sale means the casual sale of household articles by occupants of private households, also known as yard sales.

Garden trash means waste consisting or accumulation of leaves, grass, shrubbery, vines and trees, or parts thereof.

Government services means buildings or facilities owned or operated by a government entity and providing services for the public, excluding utility and recreational services. Typical uses include administrative offices of government agencies, public libraries, and police and fire station.

Grade, finished, for the purpose of determining height, shall mean:

(1)

For parcels whose lot line adjoin one street only, finished grade is the average of the natural grade measured from the center of the front property line to the center of the rear lot line.

(2)

For parcels whose lot line adjoins more than one street finished grade is the average natural grade of all measurement lines, measured from the property line(s) adjoining the street(s) to the opposite property line(s).

Greenhouse means an accessory structure used to protect plants from insects, heat, cold and exposure to sun.

Greenway means multi-purpose open space corridors of private and public lands, which may be located within a public right-of-way, an edge area, a landscape buffer, or an easement, and may contain pedestrian paths, bicycle facilities, jogging paths, equestrian paths and fitness trails. Greenways are employed to provide usable open space close to residential areas, parks, schools, alternative access ways connecting a variety of uses, such as residential areas, parks, schools, and cultural facilities and employment centers. Greenways also provide aquifer recharge, preserve unique features or historic or archeological sites, and can link urban rural areas.

Gross land area means the total area, including all public and private areas within the legal boundaries of a particular parcel of land or project.

Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

Ground floor means a level of building, the floor of which is located not more than two feet below nor more than six feet above finished grade.

Ground water means water beneath the surface of the ground within a zone of saturation where such water is, at or above atmospheric pressure, whether within the voids between soil particles or within solution channels or fractures in rock.

Guest cottage means accessory sleeping quarters provided for non-paying guests by the occupant of a principal single-family dwelling unit. A kitchen is not permitted in a guest cottage.

Guaranty means sufficient funds over which the town has control irrevocably committed by written instrument to secure complete performance of a contract for required improvements, or condition of a development order or development agreement.

Habitable room means a room occupied by one or more persons for living, eating, sleeping, or working purposes. It does not include bathrooms, laundries, serving and storage pantries, corridors, cellars, and spaces that are not used frequently or during extended periods.

Handicapped spaces has the meaning given in F.S. §§ 393.063(6) and 760.22(5)(a)(6).

Heated or cooled area means that enclosed area of a dwelling unit, excluding the garage, carport, open or screened patios or decks, which is heated or cooled by mechanical systems designed to control or modify indoor temperature.

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

Home occupation shall mean any activity for which an occupational license of the town is required by law which is conducted within a dwelling unit in a residential district.

Incompatibility of land uses means the undesirable health and safety effects arising from the proximity or direct association of contradictory, incongruous, or discordant land uses or activities, including aesthetics, noise, vibration, smoke, hazardous odors, radiation, and other land use and environmental conditions such as the intensity, density character, impact or amount of traffic.

Ingress means entry.

Intensity means the number of square feet per acre and specific land use for non-residential uses.

Inundation means the presence of water, in motion or standing, of sufficient depth to damage property due to the mere presence of water or the disposition of silt or which may be a nuisance, hazard or health problem.

Irrigation system means a system of pipes or other conduits designed to transport and distribute water to plants, ground cover and other landscaping.

Kennel, commercial means a commercial for profit establishment, including any building or land used, for the raising, boarding, breeding, sale or grooming of such domesticated animals as dogs and cats, not necessarily owned by the occupants of the premises.

Kennel, private means any building used, designed or arranged to facilitate the non-commercial care of dogs and cats owned by the occupants of the premises.

Kitchen means a portion of a building intended for the preparation of food including cooking appliances, including a microwave or toaster oven, sink, food refrigerator, dishwasher, disposal, cabinets and countertops and food and utensil storage. Any of such features and related improvements, i.e., wiring, plumbing and the like, shall be removed when a kitchen has been determined by the town administrator or his/her designee to be installed in violation of this code, or the special exception otherwise terminated.

Land means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.

Land development regulations mean ordinances enacted by the Town of Haverhill for the regulation of any aspect of development and includes any zoning, rezoning, subdivision, stormwater, health, environmental, adequate public facilities or sign regulations controlling the development of land.

Land use activity generating traffic means the carrying out of any building activity or the making of any material change in the use or appearance of any structure or land that may attract or produce vehicular trips over and above that produced by the existing use of the land.

Landscape architect means any person authorized to prepare landscape plans or drawings by F.S. ch. 481, part II (landscape architecture).

Landscape barrier means a landscape design feature constructed within a landscape buffer that is intended to channel pedestrian movement and impede vehicular access and to provide an abrupt transition between otherwise incompatible uses. A landscape barrier may consist of living plants (such as a hedge), structures (such as a wall or fence), or changes in grade (such as a berm).

Landscape buffer means a continuous area of land, to be set aside along the perimeter of a lot or parcel in which existing native vegetation, relocated native vegetation, and landscaping is used to provide a transition between and to reduce the negative environmental, aesthetic, compatibility and other impacts of one use upon another. Buffers may contain both signage and pedestrian paths.

Landscape maintenance service means an establishment engaged in the provision of landscape installation or maintenance services, but excluding retail or wholesale sale of plants or lawn and garden supplies from the premises.

Landscaping means any combination of living plants (such as grass, ground cover, shrubs, vines, hedges, or trees) or nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials). Landscaping may include the preservation and incorporation of existing trees, vegetation, or ecosystems into site development.

Legal access see access, legal.

Legal positive outfall means the permanently established connection of a stormwater discharge conveyance facility serving a development site to a watercourse or water body under the control and jurisdiction of one or more public agencies, said connection being subject to all applicable agency permitting and approval requirements.

Light cutoff means a luminaire with elements such as shield, reflectors or refractor panels which direct light and eliminate light spillover and glare.

Limited access easement see easement, limited access.

Limited access street see street, limited access.

Listed species see endangered species.

Litter means any garbage, rubbish, trash, refuse, can, bottle, box, container, paper, tobacco product, tire, appliances, mechanical equipment or part, building or construction material, tool, machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft, farm machinery or equipment, sludge from a waste treatment facility, or air pollution control facility, or substance in any form resulting from domestic, industrial, commercial, mining, or government operations.

Living area means that floor area under roof dedicated exclusively for living by occupants of a building and which is capable of climate control, including heating and air conditioning, without any structural modifications to the building. For example, a living room, kitchen, dining room, bedrooms and bathrooms would be included. A porch, screened patio, and garage would be excluded.

Loading space means the off-the street area designated for loading and unloading of trucks, in the form which may include one or more truck berths located either within a building or in an open area on the same lot.

Local government means the Town of Haverhill, another municipality in Palm Beach County, or Palm Beach County.

Local government (or town) development order means a development order properly issued by the town through procedures established by this code which establishes the specific use or uses of land, sets the density, and involves an active and specific consideration by the town of particular detailed development concept. It typically involves the submission and review of a master plan, site plan, or building plans, but may not necessarily involve such. It shall not include land use designations established by the town's comprehensive plan. It does not include comprehensive general rezoning/district boundary changes initiated by the town. It typically involves a petition of the landowner for his property alone and not adjoining properties. It does not include vegetative removal, clearing, grading or demolition permits.

Local government comprehensive plan means the comprehensive plan of a local government, including the town, adopted pursuant to F.S. § 163.3161. With respect to the town, it may also be referred to as the town comprehensive plan.

Local planning agency means the local Planning agency designated by the town council to prepare the comprehensive plan pursuant to F.S. § 163.3161, et.seq.

Local street see street, local.

Lot means the smallest division of land identified as a single unit of ownership for conveyance and legal development purposes, and delineated by a closed boundary which is either:

(1)

Depicted on a record plat;

(2)

Depicted on a survey, map, or drawing for which an affidavit or waiver of affidavit or waiver of affidavit or exemption has been recorded; or

(3)

Described on a recorded deed or agreement for deed.

The total area of abutting lands joined pursuant to a recorded unity of title shall be deemed a single lot for the purposes of this Code. As used herein, the term shall be synonymous with the terms "plot," "parcel," or "tract" when referring to lands within a closed boundary not further divided by one or more interior property lines.

Lot area means the total horizontal area included within lot lines.

Lot, corner means either a lot bounded on two sides by connecting streets, or a lot which adjoins the point of intersection of two or more streets.

Lot coverage, see building coverage.

Lot depth means the horizontal length of a straight line drawn from the midpoint of the front property line of a lot to the midpoint of the rear property line.

Lot frontage means that side of the property line abutting a legally accessible street right-of-way. On a corner lot, the frontage may be designated by the owner, subject to the approval by the town staff who will determine whether it is consistent with the orientation of the other lots and improvements on the same side of the assessable street right-of-way.

Lot, interior means any lot not a corner lot nor a through lot.

Lot line, front means the lot line adjacent to a street.

Lot line, interior means any lot line not adjacent to a street.

Lot line, rear means that lot line which is opposite, generally parallel to, and most distant from the front lot line.

Lot, through (double frontage) means any lot having frontage on two nonintersecting streets.

Lot width means the horizontal distance between the side lot lines measured at right angles to the lot depth at a point midway between the front and rear property lines.

Lounge, cocktail means a use engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises, including taverns, bars, lounges, and similar uses other than restaurants or alcohol sales for off-premises consumption. A cocktail lounge is distinct from a restaurant that sells alcohol when the establishment cannot qualify for a "consumption on premises, special restaurant exemption" pursuant to the state beverage law.

Luminaire means a complete lighting unit, consisting of a light source and all necessary mechanical, electrical and decorative parts.

Major intersection means the intersection of two or more major thoroughfares.

Major street see street, major.

Manufactured building means a closed structure, building assemble, or system of subassemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured with or without other specified components, as a finished building or as part of a finished building, which is used as a dwelling unit or residence or office. This above definition does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any dwelling unit or residence of open construction made or assembled in manufacturing facilities away from the building site for installation, or assembly and installation, on the building site.

Manufacturing and processing means an establishment engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding heavy industrial processing. Typical uses include factories, large-scale production, wholesale distribution, publishing and food processing.

Master drainage plan means an engineering drawing and a written report outlining the primary and secondary drainage facilities needed for the proper development of a specific area of the town.

Master plan means a drawing which shows the intended division and improvement of real property meeting the requirements of this chapter.

Master property owner's association means an association of which membership is mandatory with the ownership of property subject to the master property owner's association and which has the authority to represent the members and bind the members by such representation.

Material excess means excavated material not required for backfill or grading of the premises as determined by a final site plan.

Material, extractive or excavated means earth, sand, gravel, rock, shellrock, muck, or other mineral or organic substance, other than vegetation, which naturally occurs upon a lot.

Medical or dental office or clinic means an establishment where patients, who are not lodged overnight are admitted for examination and treatment by one person or group of persons practicing any form of healing or health-building services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists, or any such profession, the practice of which is lawful in the State of Florida.

Meeting shall means a building designed for public assembly.

Mezzanine means a low-ceilinged story between two main stories of a building. A mezzanine shall be counted as one story if it covers more than one-third (⅓) of the area of the floor next below.

Minor street see street, minor.

Mitigation means an action or series of actions that will offset the adverse impacts to the native upland ecosystems in the Town of Haverhill that cause a project not to be approved.

Mobile home means a detached, transportable single family dwelling unit, manufactured upon a chassis or undercarriage as an integral part thereof, without independent motor power, designed for long term occupancy as a complete dwelling unit and containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. If fabricated after June 15, 1976, it must bear a U.S. Department of Housing and Urban Development label certifying that it is built in compliance with the federal manufactured home construction and safety standards.

Mobile home dwelling means the use of a lot or unit for one mobile home.

Mobile home subdivision means a subdivision of land for the sale of lots intended for the placement of mobile homes and which meets the requirements of chapter 54, subdivision, platting and required improvements.

Motor vehicle shall have the meaning ascribed by the statutes of the State of Florida providing for the regulation, registration, licensing and recordation of ownership of motor vehicles in the State of Florida.

Mulch means non-living organic material customarily used in landscape design to retard erosion and retain moisture.

Multi-family means the use of a single structure designed for three or more dwelling units which are attached. Typical uses include apartments and residential condominiums. See "dwelling, multi-family."

Municipality means a general purpose local governmental entity created by the State Legislature and governed by F.S. §§ 166.01, et.seq.

Native plant species see plant species, native.

Native upland vegetation means the plant component of a native Florida upland community (a characteristic assemblage of native plant and animal species which are interrelated and occupy predominantly upland terrain), which includes intact upland vegetation including, but are not limited to, Florida scrub, pine flatwoods, scrubby flatwoods, coastal dune and strand, hammocks (natural, tropical, mesic, and hydric), dry prairies, and drained cypress heads.

New construction means structures for which the start of construction commenced on or after effective date of this Code.

New manufactured home park or manufactured home subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, or the construction of streets) is completed on or after the effective date of this Code.

News stand or gift shop means a small establishment, occupying no more than 1,500 square feet of floor area, primarily engaged in the retail sale of gifts, novelties, greeting cards, newspapers, magazines or similar items.

Non-Commencement means the failure to begin, or the discontinuation of, construction activity that would make a material change in a structure as evidenced by the cancellation, lapsing, or revocation of a building permit; or the failure to begin, or the discontinuation of, any other land use activity that would make a material change in the use of land.

Nonconforming lot means a single lot, tract or parcel of land of record that was conforming at the time of its creation, but which fails to meet the requirements for area, width or depth under the current district regulations of this Code or the comprehensive plan.

Nonconforming structure means a structure that was lawfully established before this Code was adopted or amended, that does not conform to the property development regulations of area, height, lot coverage, yard setbacks, lot location, parking, or other dimensional requirements for the zoning district in which it is located.

Nonconforming use means a use that was lawfully established before this Code was adopted or amended which does not conform to the use regulations of the zoning district in which it is located.

Nonconformities mean uses of land, structures, lots and landscaping that were lawfully established before this Code was adopted or amended, that are not in conformity with the terms and requirements of this Code.

Nonresidential activity means any activity which occurs in any building, structure or open area which is not used primarily as a private residence or dwelling.

Nursery, retail means an establishment engaged in the retail sale of horticultural specialties such as flowers, shrubs, sod, and trees, intended for ornamental or landscaping purposes.

Nursery, wholesale means the cultivation for wholesale sale of horticultural specialties such as flowers, shrubs, sod, and trees, intended for ornamental or landscaping purposes.

Nursing or convalescent facility means an establishment where, for compensation pursuant to a previous arrangement, care is offered or provided for three or more persons suffering from illness, other than a contagious disease, or sociopathic or psychopathic behavior, which is not of sufficient severity to require hospital attention, or for three or more persons requiring further institutional care after being discharged from a hospital, other than a mental hospital. Patients usually require domiciliary care in addition to nursing care.

Off-site improvements means improvements constructed outside of the boundaries of the project which are required as a part of a development approval.

Office, business or professional means an establishment providing executive, management, administrative or professional services, but not involving medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include property and financial management firms, travel agencies, advertising agencies, secretarial and telephone services, contract post offices; professional consulting services in the fields of law, architecture, design, engineering, accounting and similar professions; and administrative offices or private companies, utility companies, public agencies and trade associations.

Official zoning map means the official map upon which the boundaries of each district are designated and established as approved and adopted by the town council, and shall be the final authority as to the zoning status of land and water areas, buildings, and other structures in the Town of Haverhill and which is incorporated into this Code by reference.

Off-street loading space means the stall and berth along with the apron or maneuvering area incidental thereto.

Open space means unbuilt land reserved for but not limited to one or more of the following uses: conservation, passive recreation, protection, ornamentation (i.e., scenic corridor), landscaping linkage and buffer/development barrier use and water retention.

Original value of the structure means the value of the structure at the time it was issued a certificate of occupancy, based upon an appraisal by a Member of the Appraiser's Institute (MAI).

Owner means the owner of the freehold estates, as appears by deed of record, or agreement for deed. It shall not include short-term lessees, reversioners, remainderman, or mortgagees. It shall include lessees with a lease of more than 25 years.

Owner, motor vehicle means the person to which the motor vehicle is registered on the motor vehicle certificate of title and shall include, if under lease, rental agreement or loan under any other type of arrangement, gratuitous or otherwise, the person having possession or control of the vehicle.

Pain management clinics: A publicly or privately owned facility as defined by F.S. § 458.3265(1)(a), as may be amended from time to time, and includes a privately owned office, which advertises in any medium for, or provides treatment for, any type of pain management services, or employs a Florida licensed physician who is primarily engaged in the treatment of pain by prescribing or dispensing controlled substances. A physician is primarily engaged in the treatment of pain by prescribing or dispensing controlled substance medications for the treatment of chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer with persists beyond the usual course of the disease or the injury that is the cause of the pain, or for more than 90 days after surgery.

Parcel means a unit of land legally established property lines.

Parcel control number means a Palm Beach County identification number assigned for each parcel of land.

Park means, for the purpose of the adult entertainment establishment provisions of this Code, a tract of land within a municipality or unincorporated area which is (a) kept for ornament and/or recreation, and which is open to the public, whether or not the land is publicly owned, or (b) land privately owned which is kept for ornament and/or recreation purposes and which is limited to surrounding landowners. A playground shall be considered a park.

Park means a developed or planned site owned by a governmental entity that offers the general public an opportunity to partake in a variety of recreational activities that may be active, passive, or special in nature in a safe and convenient manner that is compatible with its environs.

Park, passive means a public or private outdoor recreational use relying on a natural or man-made resource base and developed with a low intensity of impact on the land. Typical uses include trail systems, wildlife management and demonstration area for historical, cultural, scientific, educational or other purposes that relates to the natural qualities of the area, and support facilities for such activities.

Park, public means a publicly-owned or operated park providing opportunities for active or passive recreational activities to the general public.

Parking garage, commercial means an area (open or enclosed) intended or used for the off-street parking or storage of operable motor vehicles on a temporary basis, other than accessory to a principal use.

Parking lot means any outdoor, partially enclosed, or enclosed space, plot, yard or any portion thereof upon which two or more parking spaces are constructed.

Parking lot, shared or common means a parking lot or area that serves more than one lot, use or residential dwelling.

Parking, off-street means the minimum number of parking spaces per land use as required by this section.

Parking space means an area, enclosed or open, sufficient in size and approved to store one motor vehicle.

Parking tract means a parking lot delineated on a plat or otherwise created by instrument of record for the purpose of providing common vehicular parking and legal access for owners of abutting lots.

Patio means an open unoccupied space which may be partially enclosed by wall, fence, or building and not considered part of the residential living structure.

Patio home, see zero lot line home.

Performance security means funds irrevocably committed by written instrument that are sufficient to secure the complete performance of a contract or condition of a development order, development agreement, or covenant. Performance securities shall be denominated in United States dollars. The form of the security shall be approved by the town attorney, and may include:

(1)

An irrevocable letter of credit;

(2)

An escrow agreement;

(3)

A surety bond;

(4)

A cash bond; or

(5)

Any other form of comparable security.

Person means any individual, corporation, governmental agency, business trust, estate, trust, partnership, association, property owners' association, two or more persons having a joint or common interest, governmental agency, or any other legal entity.

Personal services mean an establishment engaged in the provision of frequently or recurrently needed services of a personal nature, or the provision of informational, instructional, personal improvement or similar services, which may involve the limited accessory sale of retail products. Typical uses include art and music schools, beauty and barbershops, driving schools, licensed therapeutic massage studios, photography studios and tanning salons.

Phased development means development which is designed, permitted or platted in distinct, sequential stages to be developed over a specified period of time.

Place of worship means a premises or site used primarily or exclusively for religious worship and related religious services or established place of worship, retreat site, camp, convent, seminary or similar facilities owned or operated by a tax exempt religious group for religious activities. A place of worship may include collocated facilities that require additional approval, such as a day care center, private school, or columbarium, as defined by F.S. § 497.005(18).

Plan means the 1989 Haverhill Comprehensive Plan as amended from time to time.

Planned development means a planned development district or a previously approved planned development. A regulation containing the term "planned development" means that the regulation applies to a planned development district and a previously approved planned development.

Planned development district means a zoning district which is approved pursuant to the policies and procedures of this Code including a PBCD, planned business campus development district.

Planned residential development ("PRD") means a single family development of eight or more acres that meets the requirements of the subdivision code and zoning code, and the other provisions of the Code of Ordinances applicable to the development, except that the town council, in granting a special exception for a PRD, may, but is not required to, depart from the strict application of the setback, lot size and width, and height requirements of the R-1 zoning district, provided, however, that the lot size must be a minimum of 7500 square feet; minimum lot frontage is 75 feet (except for lots abutting street corners or cul-de-sacs); the road right-of-way is a minimum of 50 feet with curb and gutter; the minimum front setback must be 20 feet; and the distance between the front of houses facing each other directly or indirectly across a street or a road right-of-way shall be no less than 100 feet.

Plant species, native means any plant species with a geographic distribution indigenous to all or part of South Florida. Plant species which have been introduced by man are not native vegetation.

Plat means a map or delineated representation of the subdivision of lands, being a complete, exact representation of the subdivision and other information in compliance with the requirements of all applicable provisions of chapter 54 and F.S. ch. 177, and may include the terms "replat", "amended plat", or "revised plat".

Plat, boundary means a map or delineated representation for recordation of a single lot for development purposes prepared, approved, and recorded in accordance with requirements and procedures for a plat pursuant to chapter 54 and F.S. ch. 177.

Plat, final means a finished plat including all signatures required for recordation except those signifying approval by the town.

Plat, preliminary means a copy of the plat in sufficient form to readily compare the plat with the subdivision plan and construction plans.

Plat of record means a plat which conforms to the requirements of the applicable state laws and chapter 54, which has been accepted by the town council and filed of record in the public records of Palm Beach County.

Project means a land use or group of land uses involving the development of a particular parcel of land at a particular density which was granted a valid local government development order, or which substantially complies with applicable provisions of the town's subdivision code (chapter 54) as determined by the town engineer and town planner.

Pole trailer shall have the meaning ascribed by the statutes of the State of Florida providing for the regulation, registration, licensing and recordation of ownership of motor vehicles in the State of Florida.

Pollutant means any substance which is harmful or threatening to plant, animal or human life.

Porch means a roofed structure attached to or part of a dwelling unit, which is not a heated or cooled area.

Preliminary development plan means a generalized depiction of use categories presented to the appropriate review body for planned development districts, and previously approved planned developments (master plans and site plans).

Premises mean any lot, area, or tract of land whether used in connection with a building or not.

Preservation management plan means a plan that will provide for the perpetual viability of a designated preserve area including the ongoing control of invasive non-native plant species.

Preserve or preserve area means that portion of native vegetation which is required to be set aside from development or other alteration activities, protected from the removal of any native plant species, managed to maintain viability for wildlife habitat, and maintained free of non-native plant species.

Principal use see use, principal.

Privacy fence or wall means a structural barrier of an opaque quality, constructed such that the privacy of the area to be enclosed is maintained.

Private street see street, private.

Property owners' association means an organization recognized 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 prorated 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 this Code, a property owners' association is considered to be a single entity for property ownership. As used in this Code, the term "property owners' association" shall also be deemed to include a homeowners' association, condominium association or cooperative (apartment) association, as defined in F.S. ch. 718, as amended, 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. ch. 718, as amended.

Pruning means the removal of plant parts, dead or alive, in a careful and systematic manner so as to not damage other parts of the plant.

Public agency means any government or governmental agency, board, commission, authority or public body of Palm Beach County, the State of Florida, or of the United States government, or any legally constituted governmental subdivision or special district.

Public easement see easement, public.

Public facilities means capital facilities including, but not limited to, those for roads, parks and recreation, fire-rescue, library, law enforcement, public buildings, but does not include public or private school sites.

Public facilities agreement means an agreement entered into by the town or a service provider and a developer or landowner for the purpose of ensuring public facility capacity is reserved for a proposed development.

Public street see street, public.

Public utility means an entity owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposing to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, telephone, telegraph or other communication service to the public for compensation.

Public works projects means projects that may be conducted by government agencies or are linear projects, such as pipelines, transmission lines, telephone lines, etc., that are constructed for no single property.

Quasi-public easement see easement, quasi-public.

Quasi-public use means a use or group of uses open for general public use, such as stadiums, amphitheaters, and civic centers. It does not include shopping centers or other retail uses, and hotels.

Recreation facility means a facility designed and intended for use by occupants and guests of a residential development. Typical uses include golf courses, swimming pools and tennis courts and required recreational areas.

Recreational vehicle means a truck, bus, automobile trailer, camp-car, trailer, pickup camper, pop-up camper, bus, or other vehicle with or without motor power, converted or equipped with living or sleeping quarters, designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of the Motor Vehicle Code of the State of Florida.

Religious activities means for the purpose of the adult entertainment establishment provisions of this Code, means any daily, weekly, or periodic activity associated with or that occurs at a religious institution.

Religious institution means for the purpose of the adult entertainment establishment provisions of this Code, a premises or site which is used primarily or exclusively for religious worship and related religious ecclesiastical or denominational organization or established place of worship, retreat, site, camp or similar facilities owned or operated by a bona fide religious group for religious activities all of which shall be considered a religious institution.

Repair and maintenance, general means an establishment engaged in the repair and maintenance of motor vehicles or other heavy equipment or machinery, including automobiles, boats, golf carts, mopeds, motorcycles and trucks, excluding paint and body work. Typical uses include automobile repair garages, automobile tune-up stations, automotive glass shops, quick-lubes and muffler shops.

Repair services, limited means an establishment engaged in the repair of personal apparel and household appliances, furniture, and similar items, excluding repair of motor vehicles. Typical uses include apparel repair and alterations, small appliance repair, small motor repair (including golf carts, mopeds and lawn mowers), bicycle repair, clock and watch repair, and shoe repair shops.

Required recreation areas means recreational tracts of land with facilities required within a residential development, dedicated or reserved to a property owners' association for the perpetual use by all residents of the development for recreation.

Residence see dwelling unit.

Residential access street see street, residential access.

Residential district means any area that has a district classification of R-1, R-2, or R-3. Any creation of an additional residential district by amendment to the official zoning map which occurs shall automatically be included in the definition of residential district for the purposes of this Code.

Respondent/alleged violator means those persons including both landowners and tenants who have been issued a notice of violation.

Restaurant, fast food means an establishment where the principal business is the sale of food and non-alcoholic beverages to the customer in a ready-to-consume state and where the design or principal method of operation is that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer's table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.

Restaurant, general means an establishment excluding drive-thrus, where the principal business is the sale of food and beverages in a ready-to-consume state and where the design or principal method of operation consists of one or more of the following:

(1)

A sit-down restaurant where customers, normally provided with an individual menu, are generally served food and beverages in non-disposable containers by a restaurant employee at the same table or counter at which said items are consumer; or

(2)

A cafeteria or cafeteria-type operation where foods and beverages generally are served in non-disposable containers and consumed within the restaurant; or

(3)

A restaurant, which may have characteristics of a fast food restaurant, having floor area exclusively within a shopping or office center, sharing common parking facilities with other businesses within the center, and having access to a common interior pedestrian access way; or

(4)

This use may include the on-premise sale, service and consumption of alcoholic beverages as an accessory and secondary use.

Restaurant, specialty means an establishment, excluding drive-thrus, engaged in the retail sale of a limited variety of baked goods, candy, coffee, ice cream or other specialty food items, which may or may not be prepared for on-premises sale and which may be consumed on the site.

Retail sales, general means an establishment providing general retail sales or rental of goods, but excluding those uses specifically classified in another use type. Typical uses include auto parts stores, bookstores, business machine sales, rental and accessory repair stores, clothing stores, department stores, discount stores, drug stores, electronic and household appliance store, florists, food stores (excluding convenience stores), floor covering stores, furniture stores, garden supply stores, hardware stores, marine supply sales (excluding boat sales), office supply stores, optical retail sales, paint stores, toy stores and variety stores and stores for the sale and rental of small machines such as golf carts, lawnmowers, mopeds, or accessory repair for items sold.

Retail sales, mobile or temporary means retail sales operations without a fixed or permanent location. Typical uses include roadside sales of flowers or similar products; transient sales operations which include travel to several locations on one day, such as lunch wagons, door-to-door salesman or ice cream trucks; temporary seasonal sales, such as Christmas trees or fireworks; and special event sales which require a tent or temporary structure.

Retention means the collection and storage of a specific portion of stormwater runoff without subsequent direct release to surface waters of said portion or any part thereof.

Retention or detention pond means any pit, pond, or excavation excluding canals of conveyance, which creates a body of water by virtue of its connection to groundwater, and/or which is intended to receive stormwater.

Rezoning means the legal process by which changes are made to the boundary of a zoning district or where a new boundary is established for a zoning district. This process is also known in this Code as a district boundary change.

Right-of-way means a strip of land dedicated or deeded to the perpetual use of the public.

Roof sign means any sign affixed to the building which extends above the peak of the roof at the location of the sign.

Rooming house see boarding house.

Salvage or junk yard means a lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of waste paper, rags, scrap metal or discard material; or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition; or for the sale of parts thereof.

Sanitary nuisance means any act, or the keeping, maintaining, propagation, existence or permission of anything, by an individual, municipality, organization or corporation, by which the health or life of an individual may be threatened or impaired or by which or through which, directly or indirectly, disease may be caused.

School, elementary or secondary means a premises or site upon which there is an institution of learning, whether public or private, which conducts regular classes and courses of study required for accreditation as an elementary or secondary school by the State Department of Education of Florida.

School, public means a use and attendant buildings operated by the Palm Beach County School District for educational or training purposes, as follows:

(1)

An elementary school;

(2)

A middle school;

(3)

A high school;

(4)

A vocation or technical school.

School, private means a use and attendant buildings operated by a private organization for educational or training purposes, as follows:

(1)

An elementary school;

(2)

A middle school;

(3)

A high school;

(4)

A vocation or technical school.

School board means the Palm Beach County School Board.

Screen enclosure means a structure, which may or may not be roofed, used to completely enclose an outdoor living space with screening.

Self-service storage means a storage facility of a commercial nature containing independent units or spaces which are leased to persons exclusively for dead storage of their household goods or tangible personal property.

Service provider means any agency that is responsible for the provision of public utilities to development in the Town of Haverhill.

Service station See automotive service station.

Setback means the required minimum horizontal distance between any structure and the related front, side, or rear property lot line or base building line.

Setback, front means the setback extending along the full length of the front lot line.

Setback, interior side means the setback extending along an interior side lot line between the front and rear setbacks.

Setback, rear means the setback extending along the full length of the rear lot line.

Setback, street side means the setback extending along a street side lot line between the front and rear setbacks.

Shared parking means the approved use of the same off-street parking spaces for two or more distinguishable uses where peak parking demand of the different uses occurs at different times of the day, or where various uses are visited without moving the automobile, and where the provisions of parking spaces is a net decrease from the combined total of each use's individual off-street parking requirements if provided separately.

Shopping center means a group of commercial establishments 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 serves.

Shrub means a self-supporting woody perennial plant more than 30 inches in height at maturity, characterized by multiple stems and branches continuous from the base. It shall not include trees.

Sight distance means the extent of unobstructed vision in a horizontal and vertical plane.

Single-family means the use of a lot for one single family dwelling, or a structure for one dwelling unit, excluding a mobile home but including a manufactured building. See "dwelling, single-family."

Single-family cluster means a dwelling unit which is part of a cluster of similar dwelling units within a planned development but which is separated from other similar units by common areas dedicated to a property owners' association.

Single-family district means the R-1, R-2, R-3 and PRD districts.

Site-related improvements mean road construction or road improvements at or near the development site which are necessary to interface the development's internal trips with the major road network system where a portion of the major road network system is included within the development.

Solid waste means garbage, rubbish, refuse, sludge, septage, dewatered domestic wastewater residuals, grit and screenings from a domestic wastewater treatment facility or other discarded solid or liquid material resulting from domestic, commercial, industrial, agricultural activities or governmental operations but does not include storm water discharges or other significant pollutants in water resources such as silt, dissolved or suspended solids in industrial waste water effluent, dissolved materials in irrigation return flows or other common water pollutants.

Sound level means the weighted sound pressure obtained by use of a metering characteristic with an A-Weighting as specified in the ANSI specifications for sound level meters.

Sound level meter means an instrument that includes a microphone, amplifier, and output meter, and frequency weighting networks for the measurement of noise and sound levels in a manner to meet ANSI standards.

Source property means the land from which the subject sound is originating including public or private streets, sidewalks or other public or open space areas.

Specified anatomical areas means less than completely and opaquely covered:

(1)

Human genitals or pubic region; or

(2)

The opening between the human buttocks, i.e., the anal cleft; or

(3)

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple); this definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed; or

(4)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Human genitals in a state of sexual stimulations, arousal to tumescence; or

(2)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or

(3)

Fondling or other erotic touching of human genitals; pubic region, buttock, anus, or female breast; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2).

Specimen tree means a tree that substantially contributes to the aesthetics of an area and which is protected through the permitting process, or which attains 33 percent or greater of the champion tree diameter at breast height (dbh). A specimen tree may be native or non-native and must be in good health.

Speculative clearing means the clear cutting of a site when no final site plan or approved vegetation management plan has been prepared for the site.

Spent means the commitment of funds to a particular capital facility acquisition by the awarding of a contract.

Spill means the unpermitted release or escape of a regulated substance, irrespective of the quantity thresholds identified in the definition of "regulated substance," directly or indirectly to soil, surface water or groundwater.

Spillover light means that is distributed into areas where the illumination is not needed or intended.

Square footage means the gross constructed area of all buildings and structures covered by a solid or screened roof and totally or partially enclosed by walls or other material.

Stable, commercial means an commercial establishment for boarding, breeding, training or raising of horses not necessarily owned by the owners or operators of the establishment, rental of horses for riding, or other equestrian activities, excluding uses classified as equestrian arena.

Stable, private means the care of horses owned by the occupants or owners of the premises.

Stall or berth means the space within which vehicles are placed during actual loading or unloading operations.

Stormwater means the flow of surface water that results from and occurs immediately following a rainfall event.

Story, building means that part of a building between the surface of a floor and the ceiling immediately above. The maximum height shall be 14 feet measured from the finished floor to the finished ceiling. Attics and raised basements shall not be included in calculations of a building story unless they are used for residential or parking purposes.

Stream means any river, creek, slough, or other natural watercourse whether or not the bed shall have been dredged or otherwise improved in whole or in part.

Street means a strip of land, owned privately or publicly, which affords legal access to abutting land and is designated for vehicular traffic. "Street" includes a road, thoroughfare, parkway, avenue, boulevard, expressway, lane, throughway, place, and square, or however otherwise designated. Streets are further classified according to the function they perform.

Street, arterial means a major street of higher classification than a plan collector street, used primarily for traffic traveling considerable distance within or through an area not served by an expressway, of considerable continuity, and used primarily as a main traffic artery.

Street, collector means a street which carries traffic from local streets to arterial streets. Collector streets have more continuity, carry higher traffic volumes and may provide less access than local streets.

Street, collector, non-plan means a collector street which is not included on the county's thoroughfare plan and which is the highest classification of minor street.

Street, collector, plan means a collector street which is part of the county's thoroughfare plan, and which is the lowest classification of major street.

Street, dead end means a street with only one outlet.

Street, limited access means a street to which access from abutting property is under the control and jurisdiction of the town pursuant to a limited access easement or other regulatory access restriction.

Street, local means a street designed and maintained primarily to provide legal and vehicular access to abutting land. A local street is of limited continuity, is not for through traffic, and is the middle order street of minor streets, being of a higher classification than a residential access street.

Street, major means a street depicted on the adopted county thoroughfare plan; a thoroughfare plan road. Major streets are further classified as collector street, arterial street, and expressway.

Street, marginal access means a special purpose local street which is parallel and adjacent to a plan collector street, expressway, arterial street or other limited access street and which has its principal purpose of relieving such streets from local service of abutting property by providing access to abutting property and separation from through traffic. A marginal access street may also be called a "frontage street".

Street, minor means any street not classified as a major street, and includes streets providing traffic circulation within the development.

Street, private means any street which:

(1)

Has not been dedicated for public use; or

(2)

Is reserved to a property owners' association pursuant to recorded restrictions and covenants or a plat of record; or

(3)

Is dedicated for public use but has not been accepted for maintenance by the town, county, another local government entity, the state or a special district.

Street, residential access means the lowest order of minor street which is intended to carry the least amount of traffic at the lowest speed.

Street frontage see lot frontage.

Subdivision means that division of land, whether improved or unimproved, whether previously platted or not, into two or more contiguous lots for the purpose, whether immediate or future, of transfer of ownership. The term shall include any modification of legal boundaries for the purpose of redividing of combining any lot(s) depicted on a record plat, or on a certified survey or other map recorded pursuant to an affidavit of exemption or affidavit of waiver. When appropriate to the text, the term refers to the process of subdividing or the land proposed to be or which has been subdivided.

Substantial change in land use means either (1) a change in land use or site design that increases the intensity of land use, (2) a change in land use or site design that creates or increases incompatibility of adjacent land uses, or (3) an increase in the total floor area of multiple-family dwellings or nonresidential buildings which results in increased traffic.

Substantial improvement means any combination of repairs, reconstruction or improvement of a structure, where the improvement creates additional enclosed space that contains equipment or utilities relative to the primary structure, the cost of which equals or exceeds 50 percent of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose 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. The terms does not, however, include either any development for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications that are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Surface water means water upon the surface of the earth whether contained within natural or artificial boundaries or diffused.

Surveyor means a land surveyor registered in the State of Florida.

Swale means a stabilized and graded depression designed to convey stormwater runoff and retain water for only a brief period following a rainfall event.

Swimming pool means 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, designed, used, or intended to be used for swimming or bathing purposes.

Temporary means a single period or an accumulation of periods not exceeding 90 days in any 365-day period unless further restricted.

Town means the Town of Haverhill, Florida.

Town attorney means the licensed Florida attorney retained by the town.

Town clerk means the person appointed by the town council, to conduct such official town business as may be required from time to time as is customary for the position.

Town engineer means the licensed Florida engineer retained by the town council to conduct official engineering business on behalf of the town, or shall refer to the professional licensed engineer in the employ of the town in the capacity of town engineer.

Town planner means the consulting planner retained by the town council to conduct official planning business on behalf of the town, or shall refer to the professional planner in the employ of the town in the capacity of the town planner.

Town staff means any one or all of the following town officials: town attorney, town building official, town clerk, town engineer and/or town planner.

Townhouse means a dwelling unit located on an individual lot and attached by at least one but not more than two party wall(s) along 50 percent of the maximum depth of the unit, to one or more other dwelling units; has a continuous foundation; each on its own lot, with said party wall(s) being centered on the common property line(s) between adjacent lots.

Tree means a wood perennial plant commonly with a single stem having a more or less defined crown, that usually grows to at least four meters, or 13 feet, in height at maturity.

Trip means a one-way movement of vehicular travel from an origin (one trip end) to a destination (the other trip end).

Trip generation means the attraction and production of trips caused by a given type of land development.

Truck shall have meaning ascribed by the statutes of the State of Florida providing for the regulation, registration, licensing and recordation of ownership of motor vehicles in the State of Florida.

Two-family means the use a single structure for two dwelling units which are attached. See "dwelling, two-family."

Ultimate right-of-way means an area set aside and designated for future road widening or used as a means of ingress, egress or approach as determined by the department of transportation, the office of the county engineer, the board of county commissioners, the Town of Haverhill or by this Code whichever provides the widest right-of-way.

Understory means the component of a forest community below the canopy and above the ground layer composed of a complex of woody, fibrous or herbaceous plant species.

Unincorporated area means all of the area within the boundaries of Palm Beach County, Florida not within the boundaries of any municipality.

Unit means a building or portion of a building, or a mobile home used primarily for human habitation purposes with separate bathing, cooking and/or dining facilities. In the case of a hotel or motel, or a congregate living facility, it shall mean the room and bathrooms.

Unity of control means a covenant stipulating that a lot, lots, or project with different owners shall be developed according to a common site or master plan providing unified control and the combined lots shall meet land development requirements as if they are one lot.

Unity of title means a document recorded in the office of the Clerk of the Circuit Court of Palm Beach County stipulating that a lot, lots or parcel of land shall be held under single ownership, shall not eligible for further subdivision and shall not be transferred, conveyed, sold or divided in any unit other than in its entirety.

Use means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained, or occupied; or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or on a lot.

Use, accessory means a permitted use that is customarily associated with the principal use and clearly incidental to the principal use and is subordinate in area, extent, or purpose to and serves only the principal use.

Use, principal means the primary and major purpose for which land or building is used as allowed by the applicable zoning district.

Utility means a government or franchised provider of water, sewer, electric, gas, phone, cable television, or similar service.

Utility easement see easement, utility.

Utility, minor means elements of utility distribution, collection, or transmission networks, other than electrical generation and transmission voltage facilities, required by their nature to be relatively dispersed throughout the service area. Typical uses include gas and water regulations, electrical distribution substations, sewage lift stations, and telephone exchange buildings and substations.

Variance means an abatement of the terms of this Code, except for a use, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this Code would result in unnecessary and undue hardship.

Vegetation, native means any plant species with a geographic distribution indigenous to all or part of the State of Florida. Plant species which have been introduced by man are not native vegetation.

Vegetation removal means:

(1)

The actual extraction of vegetation; or

(2)

Direct or indirect actions resulting in the effective removal of vegetation through damaging or poisoning; or

(3)

Similar actions directly or indirectly resulting in the death of vegetation.

Vegetation required to be preserved by law means areas of vegetation which are clearly delineated on a site plan/plat, or in some other legally binding manner based upon which the lot area is being preserved.

Vehicle sales and rental means an establishment engaged in the retail or wholesale sale or rental, from the premises, of motorized vehicles or equipment or mobile homes, along with incidental service or maintenance. Typical uses include new and used automobile sales, automobile rental, boat sales, boat rental, mobile home, manufactured housing and recreational vehicle sales, construction equipment rental yards, moving trailer rental, and farm equipment and machinery sales and rental.

Vehicular use area means either (a) an area designed or used for off-street parking; or (b) an area used for loading, circulation, access, storage, or display of motor vehicles. Designated parking areas on public or private streets shall not be considered a vehicular use area.

Vehicular use area, specialized means an area designed for storage of vehicles in operative condition, or for warehousing, transportation or trucking operations, and which is not open to the general public.

Vested means vested pursuant to the application of Florida law.

Veterinary clinic means an establishment engaged in providing medical care and treatment for animals.

Violator means a person who has been ordered by code enforcement board or special master to correct a violation.

Warehousing means an establishment engaged in the storage of materials, equipment, or products within a building for manufacturing use or for distribution to wholesalers or retailers, as well as activities involving significant movement, breaking of bulk and storage of products or equipment. Typical uses include motor freight transportation, moving and storage facilities, cold storage, warehousing and dead storage facilities, but exclude self-service storage facilities and office-warehouse combinations.

Waste means discarded material including, but not limited to, garbage, rubbish, yard trash, litter, non-combustible refuse and industrial wastes.

Water management tract means a parcel of land under single ownership, identified and created as a single unit on a plat or other instrument of record, established for the purpose of delineating a complete facility or unified area to be utilized for detention, retention, and/or groundwater recharge of stormwater runoff prior to discharge from a development site.

Watershed means the land area which contributes to the total flow of water entering a receiving stream or water body.

Weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-weighting network. The standard notation is dB(A) or DBA.

Wet detention/retention means detention or retention in a storage facility not designed, constructed, and operated so as to provide dry detention/retention.

Wholesaling, general means an establishment primarily engaged in the display, maintaining inventories of goods, storage, distribution and sale of goods to other firms for resale, or the supplying of goods to various trades such as landscapers, construction contractors, institutions, industries, or professional businesses. In addition to selling, wholesale establishments sort of [or] grade goods in large lots, break bulk and redistribute in small lots, delivery and refrigeration storage, but excluding vehicle sales, wholesale greenhouses or nurseries, wholesale of gas and fuel, and wholesale building supplies.

Work means all required construction as shown on approved construction plans and specifications for all facilities and features of any kind which are required, related to the process of subdivision of land under chapter 54, subdivision, platting and required improvements.

Yard shall mean a space open and unobstructed from the ground to the sky, except by encroachments specifically permitted this code, on the same plot with a structure or use. Yard measurements shall be the minimum horizontal distances. See "setback."

Yard, front, shall mean a yard extending across the full width of the plot between the front plot line and the nearest line of any building on the plot.

Yard, minimum, shall mean required yard, including special setback areas, less the additional setback required for additional height of building.

Yard, rear, shall mean a yard extending across the full width of the plot between the rear plot line and nearest line of the main building.

Yard, side, shall mean a yard extending from the front yard to the rear yard, between the side plot line and the nearest line of any building on the plot.

Zero lot line home means the use of a lot for one detached dwelling unit with at least one wall, but not more than two walls or a portion thereof, located directly adjacent to a side lot line, excluding a mobile home but including a manufactured building.

(Ord. No. 321, § 1, 8-9-01; Ord. No. 335, 9-23-03; Ord. No. 343, 11-17-05; Ord. No. 346, § 2, 2-23-06; Ord. No. 363, § 1(Exh. A), 12-13-07; Ord. No. 383, § 1(Exh. A), 12-10-09; Ord. No. 397, § 1, 9-9-10; Ord. No. 409, § 1 (Exh. A), 8-23-12; Ord. No. 411, § 1 (Exh. A), 8-23-12; Ord. No. 414, § 1 (Exh. A), 8-23-12; Ord. No. 420, § 1(Exh. A), 4-11-13; Ord. No. 427, § 2(Exh. A), 11-13-14; Ord. No. 436, § 2(Exh. A), 11-19-15; Ord. No. 450, § 2(Exh. A), 6-22-17; Ord. No. 459, § 2, 7-26-18; Ord. No. 470, § 2(Exh. A), 4-25-19; Ord. No. 472, § 2(Exh. A), 7-25-19; Ord. No. 473, § 2(Exh. A), 7-25-19)

(Ord. No. 321, § 1, 8-9-01)

Any real property within the town subject to an application for change in land use, rezoning, site plan amendment, variance or special exception, shall be posted with a notice of the public hearing on a sign provided by the town administrator at least 15 calendar days in advance of any public hearing. One sign shall be posted for each 500 feet of frontage along a public street. The sign shall be setback no more than 25 feet from the street. All signs shall be erected in full view of the public on each street side of the land subject to the application. Where the land does not have frontage on a public street, signs shall be erected on the nearest street right-of-way with an attached notation indicating generally the direction and distance to the land subject to the application. The signs shall be removed by the applicant after the council adoption. The failure of any such posted notice to remain in place after the notice has been posted shall not be deemed a failure to comply with this requirement, or be grounds to challenge the validity of any decision made by the council.

(Ord. No. >426, § 2, 11-13-14)