For the purposes of this chapter, the definitions provided below shall apply. In the event of a conflict between the definitions provided in this section, and a definition provided in another section, then the definition provided in the other section shall prevail. In case of a conflict with the building, life/safety, or similar code, the more stringent definition will apply.

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

Area regulations means the regulation of building size, setbacks or yards, parking and loading requirements, and similar regulations not determining use of property.

Boat basin means a harbor created by decreasing the land area of any existing lot and providing covered or uncovered dockage, wet storage, or dry storage.

Boat lift means the bottom of the keel of any boat shall not be hoisted greater than one foot above the existing seawall elevation. In no case shall the lift be higher than the superstructure of the boat when lifted except for personal watercraft including jet skis.

Buildable area means portion of a lot remaining after conformance to required setbacks or other similar limitations.

Building means any structure, roofed or unroofed, more than thirty (30) inches above the finished grade of the surrounding land.

Building height means the vertical distance between the finished floor elevation and the following:

Flat roof: the highest point of any flat roof associated with a structure; and

Pitched roof: the midpoint between the bottom of eaves and highest point of the highest roof ridge or peak associated with a structure (see Figure 30-8).

Building height exception means functional or decorative architectural features such as parapet walls, chimneys, towers, cupolas, and turrets, and roof or wall-mounted items such as flag poles, and radio and television antennae allowed to exceed the building height limit.

Building length means the length of a building or structure measured along a plane through that portion of a building facade which is perpendicular, or approximately perpendicular, to the public right-of-way used as principal public access. Private roads, driveways, and other secondary means of access shall not be considered as principal public access.

Building width means the width of a building or structure measured along a plane through that portion of a building facade which is parallel, or approximately parallel, to the public right-of-way used as principal public access. Private roads, driveways, and other secondary means of access shall not be considered as principal public access.

Building permit means an official document issued by the town, authorizing the construction of any building, structure, improvement, addition, expansion, alteration, renovation, or similar work.

Building permit, expired means a building permit to implement approved building plans, or an approved development order, that has been approved but has not been issued at the request of the applicant, or if issued, has not been completed within the time required by the building code.

Bulkhead line means, along all shores of the Intracoastal Waterway (ICW) within the town, the right-of-way lines established for the ICW now of record in Plat Book 17, Palm Beach County Records.

Cabana means an accessory single-level structure customarily associated with ocean or freshwater bathing.

Canopy means a permanent or retractable projection over a door or window that is attached to the principal structure.

Commencement of building means visible, tangible evidence of proceeding with building; i.e., pilings, footers, foundations, etc.

Commencement of development means visible, tangible evidence of proceeding with construction, including application for and receipt of a building permit, carrying out building activity, and requesting inspection of improvements constructed pursuant to a building permit.

Court means an uncovered open space enclosed on two (2) or more sides by external walls of a building.

Development order change, nonadministrative means a change to an approved development order that proposes substantial modification to such order, including conditions of development approval, time limitations, phasing, type of dwelling, number of dwelling units, change in architectural style, change of building elevation, increase in building height, change in building footprint, change of use, and any similar substantive change as determined by the building official.

Development order change, administrative means a change to an approved development order that does not propose a substantial modification.

Dock, residential means an accessory structure, including boat lifts, built on or over water, designed and used to provide a place to moor a boat belonging to the owner or resident of the principal dwelling.

Dolphin pilings means that the dolphin piling shall be marine grade wood pilings with a minimum butt diameter of twelve (12) inches. Concrete pile is prohibited. Dolphin pilings shall not extend into the water more than twenty-five (25) feet or twenty-five percent (25%) of the waterway width, whichever is less (excluding such pilings located along the Intracoastal Waterway), measured from the wet face of the seawall or bulkhead. Setback shall be no further than the primary structures side yard setback. The minimum height shall be six (6) feet above mean high water (MHW) and the maximum shall be eight (8) feet above MHW. All pilings shall have a reflective tape no more than two (2) inches below the top of the piling and should be four (4) inches in width of the complete circumference.

Double-loaded parking means parking one automobile directly behind another, requiring moving one vehicle before the other can be moved.

Dune walkover means an expendable structure built over the ocean dune for access by pedestrians to the beach and ocean.

Dwelling unit means a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Dwelling, fourplex means a multifamily residential building containing four (4) attached dwelling units with common interior walls, sharing egress and some common areas or facilities.

Dwelling, multifamily means a residential building containing more than one dwelling unit, including such dwelling types as an apartment building, duplex, triplex, fourplex, townhouse apartment, patio apartment, garden apartment, and villa apartment.

Dwelling, patio means attached, single-family dwelling units constructed as part of a series or group forming a recognizable multifamily building. Each unit possesses walls or property lines separating it from any other unit, and each having individual means of exterior egress, parking, and other essential facilities.

Dwelling, single-family, attached means a building consisting of a single dwelling unit attached at one or more party walls to other single-family dwelling units, excluding mobile homes but including manufactured housing.

Dwelling, single-family, detached means a detached building consisting of a single dwelling unit, excluding mobile homes, but including manufactured housing.

Dwelling, single-family, detached, zero lot line means a detached single-family dwelling unit with at least a portion of one, but not more than a portion of two (2), exterior walls located directly abutting a side property line.

Dwelling, two-family (duplex) means a residential building containing two (2) dwelling units which share a common interior wall or walls.

Dwelling, townhouse means a dwelling consisting of two (2) or more units that are sharing a continuous foundation; located on an individual lot sharing at least one, but not more than two (2), party walls; connected along the party wall or walls for at least fifty (50) percent of the length of such walls; and sharing not more than two (2) common party walls with adjacent units.

Dwelling, triplex means a multifamily residential building containing three (3) attached dwelling units with common interior walls, sharing vehicular egress and other common areas or facilities.

Dwelling, villa apartment. See Dwelling, Patio.

Essential services means public utility services authorized and regulated by town, county, state, or federal governments, including electricity, potable water, sanitary sewer, telephone, cable television, garbage and refuse disposal, and natural gas.

Essential services, minor means minor structures, uses, and installations necessary to provide natural gas, water, electricity, television, sewerage, telephone, and similar public services.

Essential services, structures means permanent structures other than a minor nature, such as electrical substations, lift stations, and similar facilities, which are necessary to provide natural gas, water, electricity, television, sewerage, telephone, and similar public services to the town.

Expendable structure means an accessory structure, such as a dune walkover, allowed by the town and state to be constructed within the coastal construction control line established by the State of Florida.

Gazebo means an open-styled, single-level accessory structure having floor and roof, but no full walls, which may or may not be provided with electrical service.

Government offices and uses mean public-serving buildings and uses, including, but not limited to, town halls, police stations, fire stations, recreation facilities, post offices, utility systems, including any use commonly required to carry out public service or provide facilities for the activities of government.

Guard house means a single level, permanent structure for used solely for residential security purposes, including sanitation facilities, electricity, and heating and air conditioning.

Habitable space means enclosed air conditioned or non-air conditioned areas utilized for residential purposes, including cooking, sleeping, bathing, and similar daily activities.

Home-based business means a professional, occupational, trade, or business use, as those terms are defined in section 15-1, that operates, in whole or in part, from a residential dwelling, subject to the requirements of section 30-67.

House of worship means a structure or site used primarily or exclusively for religious worship and related religious purposes, owned or operated by a tax exempt religious group possessing a 501(c)(3) tax status granted by the Internal Revenue Service.

Improvement means any structural addition, alteration, expansion, or other construction affecting a parcel or existing structure which requires the issuance of a building permit, or any construction activity or installation of trees in new locations affecting a public right-of-way which requires the issuance of a right-of-way permit.

Land means the earth, water, and air above, below or on the surface, and includes marsh, wetland, or swamp.

Lot means a plot, parcel, or tract located within a closed boundary and not further divided by one or more interior property lines.

Lot area means the total square feet contained within a lot or parcel.

Lot, conforming means a plot, parcel, or tract can be identified as a unit of ownership of land of sufficient size to meet minimum zoning requirements for use, width, depth, lot coverage, and total area, and to provide such yards and other open spaces as are required, and including frontage on an improved public or private street right-of-way.

Lot, corner means a lot located at the intersection of two (2) or more streets.

Lot depth means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear most points of the side lot lines in the rear.

Lot, nonconforming means a lot which does not conform to the area, width, or other applicable dimensional requirements of this chapter.

Lot frontage means that portion or portions of a lot nearest the street.

Lot, interior means a lot other than a corner lot with only one frontage on a street.

Lot of record means a lot which is part of a subdivision recorded in the office of the Clerk of the Circuit Court of Palm Beach County, Florida.

Lot, through means a lot other than a corner lot with frontage on more than one street, and sometimes referred to as a double frontage lot.

Lot width means the horizontal distance between the side lot lines measured a point midway between the front and rear property lines.

Medical marijuana means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.

Medical marijuana treatment center means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the state department of health.

Medical marijuana treatment center dispensing facility means a facility that is owned or operated by, or affiliated with, a medical marijuana treatment center holding all necessary licenses and permits from which medical marijuana is delivered, purchased, possessed, or dispensed for medical purposes.

Open space means land or area not covered by buildings or parking lot or any use other than recreational equipment, and generally maintained in a natural or cultured living landscape.

Person means a firm, association, organization, partnership, trust, company, limited liability company or corporation, or corporation, as well as an individual.

Personal watercraft lift (PWL) means that it can be either:

(1)

A mechanical/electrical device for lifting jet skis, canoes, kayaks or other small watercraft out of the water; or

(2)

A floating device that allows for the dry-docking of jet skis, canoes, kayaks or other small watercraft with no electrical hook up.

Recreation facility, public means a facility, structure, or site owned and operated by a public agency and providing opportunities for active or passive recreation activities to the general public

Recreational equipment means and includes, but is not limited to, boats and boat trailers, personal watercraft, sailboats, houseboats, travel trailers, camper tops for pickup trucks, motor homes, motorized dwellings, and tent trailers, and cases or boxes used for transporting or storing such recreational equipment.

Setback means the horizontal distance between the front property line to the closest point of the front structure, the side property line to the closest point of the side structure, or the rear property line to the closest point of the rear structure, respectively. "Setback" shall be measured perpendicular to and parallel with the property or right-of-way lines.

Site plan review, major modifications means one or more major modifications or alterations to an existing structure, including changes to a building footprint, building height, number of dwelling units, decrease in the number of parking places, change in facade, building height, increase in number of dwelling units, change of use, change of roof line, change of building elevation, and any similar substantial change in improvements as determined by the building official.

Site plan review, minor modifications means interior building alterations or building modifications, alterations, or improvements that are not considered major modifications.

Special exception means a use that usually would not be appropriate throughout a zoning district but which, if controlled as to such impacts as number, land area, location, number of square feet, operating hours, or proximity to adjacent residential and nonresidential uses, may not adversely affect the public interest.

State Coastal Construction Control Line means that line, including the fifty-foot setback line, as established by the Department of Environmental Protection pursuant to F.S. ch. 161, affecting coastal construction within the beach, beach and dune system, and coastal system associated with the Atlantic Ocean.

Story means continuous supporting surface extending horizontally and constituting one story, level, or stage in the building construction.

Street means public or private right-of-way designed to furnish vehicular or pedestrian access to two (2) or more lots. "Street" shall be synonymous with road or highway.

Structure means a building as well as other improvements constructed or erected on the ground, attached to something having location on the ground, or requiring construction or erection on the ground.

Structure, accessory means a detached building or other improvement which is clearly incidental to the principal structure, and is subordinate in area, extent, size, or purpose and serves only the principal structure.

Structure, nonconforming means a structure existing at the time of enactment chapter which does not conform to the property development regulations of the zoning district in which it is situated.

Structure, principal means the primary building or improvements on a site or parcel, and containing the principal use of the site or parcel, and may include attached buildings or structures that are considered as part of the principal structure.

Structure, temporary means a removable or nonremovable accessory structure requiring a building permit and having been granted a limited, specified time of use.

Substantially complete means a structure has been "sealed to the elements" through completion of foundations, walls roof, and windows and remaining construction is under contract to be completed within six (6) months.

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 be eligible for further subdivision, and shall not be transferred, conveyed, sold, or divided in any unit other than in its entirety.

Usable space means an enclosed or unenclosed area, whether or not air conditioned, for such accessory, nonsleeping residential uses as private garage, personal storage, clothes washing/drying, etc., including a bathroom with a sink, toilet, and shower.

Use means the purpose for which land, water, structure, or combination thereof, is designed, arranged, or intended to be occupied or utilized or for which purpose it is actually occupied or maintained.

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

Use, conforming means the use of a building, structure, or land which conforms to the permitted or special exception uses specified the zoning district in which it is located.

Use, nonconforming means the use of a building, structure, or land which does not conform with the permitted or special exception uses specified in the zoning district in which it is located.

Use, principal means the primary purpose for which land or a structure is used, as may be allowed by the zoning district in which such land or structure is located.

Used means used or occupied for a use, and includes the words intended, designed, or arranged to be used or occupied.

Variance means a reduction of the dimensional requirements of this chapter, including, but not limited to, a reduction in lot area, lot width, lot depth, lot coverage, building height, and number of parking spaces.

Vehicular use area means all areas upon which vehicles traverse or circulate, including parking lots, drive aisles, and vehicular access points.

Yard, front means the required yard or setback located closest to a public or private street, and extending across the entire front of the lot. Lots extending through blocks in such a way as to have frontage on two public streets shall provide front yards adjacent to each street.

Yard, depth means the depth of required front yards as measured perpendicular to a straight line joining the foremost points of the side lot lines. The foremost points of side lot lines, in the case of rounded property corners, as at street intersections, or irregular corners shall be assumed to be the points at which lines would have met without rounding or irregularity.

Yard, rear means a required yard or setback extending between side lot lines at the rear of the lot.

Yard, side means a required yard or setback extending along an interior side lot line and located between the required front and rear yards or setbacks.

Yard, side corner means a required yard or setback extending along the street side of a lot between the required front and rear yards or setbacks and, for the purposes of this Code, all yards adjacent to streets shall be considered front yards, except Block 1, lot 19; Block A 2, lot 1, Bel Lido Subdivision.

(Ord. No. 684, Art. VIII, 7-25-00; Ord. No. 10-002, Exh. A, 6-1-10; Ord. No. 17-002, § 3, 9-5-17; Ord. No. 2021-018, § 5, 12-7-21; Ord. No. 2025-001 meeting, § 2, 1-21-25; Ord. No. 2025-002, § 4, 1-21-25)