This chapter shall be entitled the "Land Development Code" and may be referred to herein as "this code" or "this chapter."

(Ord. of 12-12-90, § 1.00.00)

This land development code is enacted pursuant to the requirements and authority of F.S. § 163.3202 (the Local Government Comprehensive Planning and Land Development Regulation Act) and the general powers in F.S. chs. 166 and 125 (City/County Government).

(Ord. of 12-12-90, § 1.01.00)

(a)

General applicability. Except as specifically provided below, the provisions of this Code shall apply to all development in the town, and no development shall be undertaken without prior authorization pursuant to this code.

(b)

Exceptions.

(1)

Previously issued development orders. The provisions of this Code and any amendments thereto shall not affect the validity of any lawfully issued and effective development order if:

a.

The development activity authorized by the order has been commenced prior to the effective date of this Code or any amendment thereto, or will be commenced after the effective date of this Code but within six months of issuance of the order; and

b.

The development activity continues without interruption (except because of war or natural disaster) until the development is complete. If the development order expires, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

(2)

Previously approved development orders. Projects with development orders that have not expired at the time this code or an amendment thereto is adopted, and on which development activity has commenced or does commence and proceeds according to the time limits in the regulations under which the development was originally approved, must meet only the requirements of the regulations in effect when the development plan was approved. If the development order expires or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this Code or amendment thereto.

(3)

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the town comprehensive plan.

(Ord. of 12-12-90, § 1.02.00)

(a)

Statutory requirement. F.S. ch. 163 requires each Florida local government to enact a single land development code which implements and is consistent with the local comprehensive plan, and which contains all land development regulations for the town.

(b)

General public need. Controlling the location, design and construction of development within the town is necessary to maintain and improve the quality of life in the town as more fully described below.

(Ord. of 12-12-90, § 1.03.00)

It is the intent of this land development code to promote, protect and improve in accordance with present and future needs, the public health, safety, comfort, appearance and general welfare of the citizens of the town; to conserve the value of land, buildings and resources; to protect the character and maintain the stability of residential and business districts and to provide for efficiency and economy in the process of development, for the appropriate and best use of land, for preservation, protection, development and conservation of the natural resources of land, water and air, for convenience of traffic and circulation of people and goods, for the use and occupancy of buildings, for healthful and convenient distribution of population, for adequate public utilities and facilities, for promotion of the civic amenities of beauty and visual interest, and for promotion of planned developments as a means of achieving orderly development.

(Ord. of 12-12-90, § 1.04.00)

The adoption of a unified land development code implements the goals, policies and objectives of the comprehensive plan.

(Ord. of 12-12-90, § 1.05.00)

(a)

The location and boundaries of the land use districts established by this code are set forth on the land use district map of the town which accompanies this code, and which map, with all notations, references and other information shown thereon, is incorporated herein and is as much a part of this Code as if fully described and set forth herein.

(b)

The official land use district map shall be identified by the signature of the Mayor, attested by the Town Clerk under the following words: "This is to certify that this is the Official Land Use District Map of the Town of Hypoluxo, Florida," together with the date of the adoption of this Code.

(c)

If, in accordance with the provisions of this code, changes are made in district boundaries or other matters portrayed on the official land use district map, such changes shall be entered on the official land use district map promptly after the amendment has been approved by the Town Council, with an entry on the official land use district map as follows: "On  (date)  , by official action of the Town Council, the following changes were made on the Official Land Use District Map: (brief description of the nature of the change)," which entry shall be signed by the Mayor and attested by the Town Clerk. No amendment to this chapter which involves matters portrayed on the official land use district map shall become effective until the change and entry has been made on such map.

(d)

No changes of any nature shall be made on the official land use district map except in conformity with the procedures set forth in this code.

(e)

Regardless of the existence of purported copies of the official land use district map which may from time to time be made or published, the official land use district map, which shall be located, in the office of the building official, shall be the final authority as to current land use district status of land, buildings, structures and water areas in the town.

(f)

If the official land use district map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may by resolution adopt a new official land use district map which shall supersede the prior official land use district map. The new official land use district map may correct drafting or other errors or omissions in the prior official land use district map, but no such correction shall have the effect of amending the original land use district map or any subsequent amendment thereof. The new official land use district map shall be identified by the signature of the Mayor, attested by the Town Clerk, under the following words: "This is to certify that this Official Land Use District Map supersedes and replaces the Official Land Use District Map adopted (date of adoption of map being replaced) as part of the Land Development Code of the Town of Hypoluxo, Florida."

(Ord. of 12-12-90, § 1.06.00)

(a)

Generally. In the interpretation and application of this Code all provisions shall be liberally construed in favor of the objectives and purposes of the town and deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Responsibility for interpretation. If any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this Code, the Town Council shall be responsible for interpretation and shall look to the town comprehensive plan for guidance. Responsibility for interpretation by the Town Council shall be limited to standards, regulations and requirements of this Code, but shall not be construed to include interpretation of any technical codes adopted by reference in this code, nor be construed as overriding the responsibilities given to any commission, board or official named in other sections or articles of this Code.

(c)

Computation of time. 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.

(d)

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

(e)

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

(f)

Shall, may. The word "shall" is mandatory; "may" is permissive.

(g)

Written or in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(h)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(i)

Day. The word "day" shall mean a working day, unless a calendar day is indicated.

(j)

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

(1)

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

(2)

Boundaries shown as following or approximately any platted lot line or other property line shall be construed as following such line.

(3)

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

(4)

Boundaries shown as following or approximately following natural features shall be construed as following such features.

(k)

Relationship of specific to general provisions. More specific provisions of this Code shall be followed in lieu of more general provisions that may be more lenient than or in conflict with the more specific provision.

(Ord. of 12-12-90, § 1.07.00)

The existing zoning regulations (Ordinances 60, 60.1, 60.3, 60.4, 60.5, 60.6, 60.7, 60.8, 60.9), subdivision regulations (Ordinance 61), signage regulations (Ordinance 65), and floodplain management regulations (Ordinance 78) of the town are hereby repealed. The adoption of this Code however, shall not affect nor prevent any pending or future prosecution of, or action to abate, any existing violation of such ordinance if the violation is also a violation of the provisions of this chapter.

(Ord. of 12-12-90, § 1.08.00)

Whenever regulations or restrictions imposed by this code are either more or less restrictive than regulations or restrictions imposed by any governmental authority through legislation, rule or regulation, the regulations, rules or restrictions which are more restrictive or which impose higher standards or requirements shall govern. Regardless of any other provision of this Code, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.

(Ord. of 12-12-90, § 1.09.00)

This land development code is not intended to repeal, abrogate or interfere with any existing easements, covenants, or deed restrictions duly recorded in the public records of the town.

(Ord. of 12-12-90, § 1.10.00)

If any section, subsection, paragraph, sentence, clause, or phrase of this Code is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this Code shall continue in full force and effect.

(Ord. of 12-12-90, § 1.11.00)

These regulations shall be effective on September 12, 1990.

(Ord. of 12-12-90, § 1.12.00)

When used in this chapter, the following terms shall have the meanings herein ascribed to them:

Access, legal means a dedicated or recorded road, lane, place, alley or easement affording perpetual ingress and egress for a subject property to a public thoroughfare, being not less than 20 feet in width.

Accessory building, structure or use means a building, structure or use on the same lot with, and by nature customarily incidental and subordinate to, the principal building, structure or use.

Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition which is connected by a firewall or is separated by independent perimeter loadbearing walls is new construction.

Adult congregate living facility means any institution, building or buildings, residence or private home, whether operated for profit or not, which undertakes through its ownership or management to provide, for a period exceeding 24 hours, one or more personal services for four or more adults who are 55 years of age or older, not related to the owner or administrator by blood or marriage, who require such services.

Alley means a public roadway which provides a secondary means of access to abutting properties, and is not intended for general traffic circulation use by pedestrians or vehicles.

Architect means an architect registered in the state. This definition also includes landscape architect.

Area of shallow flooding means a designated AO or AH zone on a community's flood insurance rate map (FIRM) with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard means the land in a floodplain subject to a one percent or greater chance of flooding in any given year.

Banner means a sign having the characters, letters, illustration or ornamentation applied to cloth, paper or fabric of any kind with only such material for a backing. "Banner" shall include any animated, rotating and/or fluttering devices design to attract attention.

Banquet facility means a building leased or rented to the general public, and utilized for meetings, parties, receptions, meals, and similar group events, including accessory kitchen facilities.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood" and the "regulatory flood").

Base flood elevation means the water-surface elevation associated with the base flood.

Basement means that portion of a building having its floor subgrade (below ground level) on all sides.

Berm means a landscaping feature utilizing change of grade of site with living plants and a minimum height of two feet above adjacent grade.

Boatyard means an installation providing wet and dry storage and docking of pleasure craft.

Base flood elevation means the water-surface elevation associated with the base flood.

Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system.

Building means any structure, either temporary or permanent, having a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes of a building.

Building official means the officer, or duly authorized representative of the town charged with the administration and enforcement of this Code.

Building permit means that official town document which authorizes the commencement of construction or land alteration without need for further application and approval. Building permits include: all types of construction permits (plumbing, electrical, foundation, mechanical and so forth, in addition to the building permit itself), grading and clearing permits, septic tank permits, sign permits, etc.

Building, principal means a building in which is conducted the principal use of the property.

Business, trade, and vocational school means a public or private institution which offers regularly scheduled classes and instruction of business, commercial, technical, and vocational subjects, including automotive and aircraft mechanical and technological skills, building and construction trades, business skills, computer technology, electronics, medical and dental technologies, and related crafts, professions, and skills.

Canopy means a structure constructed of rigid materials, including but not limited to metal, wood, concrete, plastic or glass, which is attached to and supported by a building or by columns, poles or braces extended to the ground.

Changeable copy sign means a sign on which message copy is changed manually in the field, through the utilization of attachable letters, numbers, symbols and other similar characters or changeable pictorial panels.

Church or place of worship means any structure used primarily as a place of public or private worship on a permanent basis by a recognized and established religious sect or denomination and registered as a not-for-profit organization pursuant to section 501(c)(3) of the United States Internal Revenue Code, as amended.

Clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one physician or dentist or a group of physicians or dentists practicing their professions, including veterinarians.

Cluster development means a group of single- or multiple-family dwelling units developed within an open space area which is owned in common by all the owners living within the development.

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on a flood insurance rate map (FIRM) as zone V1-30, VE or V.

Common open space means an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

Concurrency means a condition where specified facilities and services have or will have the necessary capacity to meet the adopted level of service standard at the time of impact of the development.

Conditional use means a use that would not be appropriate generally, or without restriction throughout a land use district. Such uses however, if controlled as to area, location, number or relation to the neighborhood, may be allowed in a district as a conditional use in accordance with sections 28-41 through 28-48 and 28-210 of this Code.

Convenience store means an establishment primarily engaged in the retail sale of convenience items, pre-packaged foods, beverages, tobacco, and other foodstuffs needed on a regular basis.

Datum means a reference surface used to ensure that all elevation records are properly related. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level.

Density, gross means the number of dwelling units per each acre of the total area of a parcel. The total area shall be defined as all land within the property boundaries. In calculating the gross density, internal roads and streets, easements, common open space, watercourses, water bodies and other natural areas may be included as part of the total area. For purposes of this chapter, no part of Lake Worth or submerged land may be included in calculating gross density. In computing density, any fraction will count to the nearest unit, i.e., 0 to 0.49 below and 0.5 to 0.99 above.

Developer means the legal or beneficial owner or owners of all the land proposed to be included in a development including the holder of an option or contract to purchase (with permission of the owner), or other person having an enforceable proprietary interest in such land.

Development means any manmade change to improved or unimproved real estate, including, but not limited to, subdivision of land, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations or permanent storage of materials.

Development order means an order granting, denying or granting with conditions an application for approval of a development project or activity. A distinction is made between development order, which encompasses all orders and permits, and three distinct types of development orders: preliminary development order, final development order and building permit.

Development plan means a graphic and informative representation of a specific design for an entire project or development phase thereof, which meets the requirements and conditions of this Code.

Directional sign means:

(1)

A sign, permanently erected or permitted on public or private property of the town to denote the name of any thoroughfare, the route to any city, town, educational institution, public building, historic place, shrine or hospital, to direct and regulate traffic, to denote any railroad crossing, bridge, ferry or other transportation company for the direction or safety of the public.

(2)

An on-premises temporary sign which contains information regarding the time and place of regular meetings of civic or religious groups.

Double-faced sign means a sign with two faces which are usually but not necessarily parallel to each other.

Drug store is an establishment that combines a pharmacy with the sale of products typically associated with a convenience store, and provides services such as photo processing or basic health assessments (such as vaccinations or minor examinations). This use is subject to the additional regulations set forth in section 28-109 of this chapter.

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

Dwelling, single-family means a dwelling designed for or occupied exclusively by one family.

Dwelling, two-family means a dwelling designed for or occupied exclusively by two families with separate housekeeping and cooking facilities for each.

Dwelling, multiple-family means a dwelling designed for or occupied exclusively by three or more families, with separate housekeeping and cooking facilities for each.

Easement means an interest in land that entitles the holder to a specified limited use.

Elevated building means a non-basement building built to have the lowest floor elevated above the ground level by foundation walls, pilings, columns, posts, piers, or shear walls.

Express or parcel delivery office means an office providing express parcel or delivery services to individual or commercial customers.

Express or parcel delivery distribution center means a facility which accepts from customers, sends, and receives parcels, packages, or mail, and distributes and picks up parcels, packages and mail to and from individual and commercial accounts.

Family means an individual or a group of two or more persons related by blood, marriage or adoption, together with not more than three additional persons not related by blood, marriage or adoption, living together as a single housekeeping unit.

Fence or wall means any manmade wall-like structure erected or maintained between the building line and property line that restricts physical passage. Hedges, plants, shrubs or foliage shall not constitute a fence under this definition.

Flood or flooding means:

(a)

A general and temporary condition of partial or complete inundation of normally dry land areas from:

(1)

The overflow of inland or tidal waters.

(2)

The unusual and rapid accumulation or runoff of surface waters from any source.

(3)

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (a)(2) above and are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(b)

The collapse or subsidence of land along a shore of a lake or other body of water as the result of erosion or undermining caused by waves or currents of water exceeding the anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge or by some similarly unusual or unforeseeable event which results in flooding as defined in subsection (a)(1) above.

Flood boundary and floodway map (FBFM) means the official map of the community on which the Federal Emergency Management Agency (FEMA) has delineated the areas of special flood hazard and regulatory floodways.

Flood hazard boundary map (FHBM) means an official map of the community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been defined as zone A.

Flood insurance rate map (FIRM) means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, as well as the flood boundary floodway map and the water surface elevation of the base flood.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

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 the floor of a garage used solely for parking vehicles.

Free of obstruction means any type of lower area enclosure or other construction element that will obstruct the flow of velocity water and wave action beneath the lowest horizontal structural member of the lowest floor of an elevated building during a base flood event is not allowed. The requirement applies to structures in velocity zones (V-zones).

Freestanding sign means a sign supported by a sign structure secured in the ground and which is wholly independent of any building, fence, vehicle or object other than the sign structure, for support.

Frontage means the length of the front property line as measured along a public or private street right-of-way line.

Functionally dependent facility means a facility which cannot be used for its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding, ship repair or seafood processing facilities. The term does not include long-term storage, manufacture, sales or service facilities.

Garage, private dwelling unit means a fully enclosed building, accessory to a private dwelling unit, for the storage of motor vehicles.

Grade level means the ground elevation at the base flood elevation or 18 inches above the profile grade of U.S. Highway 1, whichever is greater.

Health, physical fitness, weight reduction, and spa means an enclosed facility or spa providing equipment, classes, instruction, and similar assistance for conducting a variety of activities designed to improve health and physical fitness, including but not limited to aerobic exercises and dancing, weight lifting, running, swimming, racquetball, handball, squash, weight reduction, and similar activities. Accessory uses, limited to patrons of the center, include babysitting and food and beverage services.

Hedge means a continuous landscape barrier of dense living plant material.

Height of building means the vertical distance from the established grade level (see definition) at the center of the front of the building to the highest point of the roof surface if a flat roof, to the deck line for mansard roofs, and to the mean height level between eaves and ridges for gable, hip and gambrel roofs. Parapet walls may extend not more than five feet above the allowable height of a building.

Height of sign means the vertical distance measured from the adjacent average crown of road to the top of the sign face or sign structure, whichever is greater.

Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure.

Home occupation means any occupation as an accessory use to a residence in connection with which there is kept no stock in trade nor commodity sold upon the premises, no person employed other than a member of the immediate family residing upon the premises, and no mechanical equipment used except such as is permissible for purely domestic or household purposes. See section 28-123(a) of this Code for additional restrictions.

Impervious surface means a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. It includes, but is not limited to, semi-impervious surfaces such as compacted clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots and other similar structures.

Institution means a nonprofit or charitable society or corporation and the building or buildings used by such organizations.

Landscape, nursery and garden supplies means an establishment which sells trees, shrubs, ground cover, sod, and other types of plants, tools, lawnmowers and related power equipment, fertilizer and pesticides, garden furniture, mulch and other types of ground cover, and similar items used for landscape lawn maintenance and landscape purposes.

Landscaped open space means open space that is covered and maintained with vegetation in a permeable soil.

Laundry, linen supply and cleaning service means an establishment which provides onsite laundry, dry cleaning, and linen supply services.

Living area means that enclosed area of a residence excluding garages, outside utility rooms, cabanas, porches, carports, patios and unroofed or unenclosed areas.

Loading space, offstreet means space logically and conveniently located for pickups and deliveries off public rights-of-way, for delivery vehicles and accessible to such vehicles.

Lot means the contiguous land in the same ownership which is not divided by any public right-of-way, including any part thereof subject to any easement for any purpose other than a public right-of-way. This term is synonymous with the terms "plot" or "parcel."

Lot coverage means the portion of the area of a lot expressed as a percentage, occupied by all buildings or structures, measured from the exterior walls, that are roofed or otherwise covered and that extend more than three feet above the surface ground level, excluding screen enclosures and swimming pools, but including detached garages and questhouses. Any awning supported by poles shall be included within the definition of lot coverage.

Lot depth means the distance measured in the direction of the side lines of the lot from the midpoint of the front line to the midpoint of the opposite rear line of the lot.

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

Lot width means the horizontal distance between the side lines of the lot measured at the building setback line at right angles to the side lot lines.

Lowest adjacent grade means the lowest elevation, after completion of construction, of the ground, sidewalk, patio, deck support, or basement entry immediately next to the structure.

Lowest level means the lowest floor of the lowest enclosed area (including basement). An unfinished floor or flood resistant enclosures, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of the National Flood Insurance Program, 44 C.F.R. § 60.3.

Major deviation to final development order means a deviation other than a minor deviation, from a final development plan. This definition shall include deviations other than minor deviations necessary as a result of the involvement of other governmental agencies.

Mangrove stand means an assemblage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (Avicennia nitida); red mangrove (Rhizophora mangle); white mangrove (Languncularia racemosa); and buttonwood (Concocarpus erecta).

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property.

Market value means the building value, which is the property value excluding the land value and that of the detached accessory structures and other improvements on site (as agreed to between a willing buyer and seller) as established by what the local real estate market will bear. Market value can be established by an independent certified appraisal (other than a limited or curbside appraisal, or one based on income approach), actual case value (replacement cost depreciated for age and quality of construction of building), or adjusted tax-assessed values.

Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of this chapter, the term is synonymous with National Geodetic Vertical Datum (NGVD).

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 department of health or its successor agency and operates in accordance with all applicable state and local laws, regulations and ordinances.

Minor deviation to final development order means a deviation from a final development plan that falls within the following limits and that is necessary in light of technical or engineering considerations first discovered during actual development and not reasonably anticipated during the initial approval process:

(1)

Alteration of the location of any road, walkway, landscaping or structure by not more than five feet.

(2)

Reduction of the total amount of open space by not more than five percent, or reduction of the yard area or open space associated with any single structure by not more than five percent; provided that such reduction does not permit the required yard area or open space to be less than that required by this code.

Mobile home means a structure designed or used for residential occupancy built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure actually has, at any given time, such wheels attached, or is jacked up or skirted (12 feet minimum width).

Mobile home park means any tract, lot or parcel of land which has been planned and improved for the renting or leasing of spaces for the placement of mobile homes for nontransient use and where unity of title is maintained.

Mobile home subdivision means a subdivision designed and intended for the sale of lots for residential use where residence is in mobile homes.

Motel/hotel means a building or a group of buildings containing sleeping accommodations and in conjunction with which there may be a restaurant or other retail uses when located within the main structure. A motor lodge, travel lodge or motor inn shall be included for the purposes of this Code.

National Geodetic Vertical Datum (NGVD) means, as corrected in 1929, a vertical control used as a reference for establishing varying elevations within the topography of the town.

New construction means structures for which the "start of construction" commenced on or after September 12, 1990.

Occupancy means any one business, activity or professional office.

Office, business or professional means an establishment providing executive, management or professional services to the public, including but not limited to the following: advertising services, business offices of private companies, business offices of utility companies, public or nonprofit agencies, trade associations and employment offices (excluding day labor and labor pool services); professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, property and financial management, real estate, secretarial, telecommunications services, travel agencies, urban planning and similar professions.

Office, medical or dental means an establishment offering patients medical services, examinations, and treatments, by professionals trained in healing or health-related practices, including medical doctors, dentists, chiropractors, osteopaths, optometrists, or any similar profession duly licensed in the State of Florida, as well as those technicians and assistances who are acting under the supervision and control of a licensed health care practitioner. These uses shall not include establishments where patients are lodged overnight and are subject to the additional regulations set forth in section 28-108 of this chapter.

Off-premises sign means a sign identifying, advertising or directing the public to a business, merchandise, service, institution, residential area, entertainment or activity which is located, sold, rented, based, produced, manufactured or taking place at a location other than on the premises on which the sign is located.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Such areas may be improved with only those buildings, structures, streets and offstreet parking and other improvements that are designed to be incidental to the natural openness of the land.

Owner means a person who, or entity which, alone, jointly or severally with others, or in a representative capacity (including without limitation, an authorized agent, attorney, executor, personal representative or trustee) has legal or equitable title to any property in question, or a tenant, if the tenancy is chargeable under his lease for the maintenance of the property.

Parking lot means any public or private open area used for the express purpose of parking automobiles and other vehicles.

Parking space, offstreet means a paved area which is sufficient in size to park one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile. A typical parking space shall be 10′ × 20′ and 12′ × 20′ for handicapped spaces.

Pharmacy is an establishment primarily engaged in the retail sale of a variety of prescription and non-prescription drugs and medicines, prosthetic supplies, surgical instruments and supplies, and sale and/or rental of aids for invalids. This use is subject to the additional regulations set forth in section 28-109 of this chapter.

Plat means a map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof, prepared in accordance with this and other applicable laws.

Political sign means a sign erected by a political candidate, group or agent thereof, for the purpose of advertising a candidate or stating a position regarding an issue upon which the voters of the town shall vote.

Printing and publishing means an establishment providing retail photocopy, reproduction, blueprinting and related services.

Project sign means any sign erected and maintained on the premises temporarily by an architect, contractor, developer, finance organization, subcontractor or materials vendor during construction upon which property such individual is furnishing labor, services or material.

Projecting sign means a sign projecting from the outside wall or walls of any building or structure.

Property owners' association means an organization recognized as such under the laws of the state, through which each owner of a portion of a subdivision, be it a lot, home, property or any other interest, is subject to a charge for a prorated share of expenses for maintaining common properties within the subdivision, such as roads, recreational areas, common areas and other similar properties. As used in this code, the term "property owners' association" shall also be deemed to include a homeowners' association, condominium association or cooperative association, as defined in Florida Statutes.

Public open space means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency or other public body for recreational or conservation uses.

Real estate sign means a sign erected by the owner, or his agent, advertising the real property upon which the sign is located for rent, for lease or for sale.

Recreational vehicle means a bus, camp car, pickup camper, trailer or other vehicle designed and constructed to travel on public thoroughfares without special permit in accordance with the provisions of the vehicle code of the state.

Restaurant means a building within which food or beverages are cooked or prepared and offered for sale and where consumption is permitted on the premises whether or not entertainment is offered. This includes establishments commonly known as bars, grilles, cafes, taverns and nightclubs. Drive-in and drive-through facilities are not included in this definition for purposes of this Code.

Roof sign means a sign erected over or on, and wholly or partially dependent upon, the roof of any building for support, or attached to the roof in any way.

Sand dunes means naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Satellite dish antenna system means a system of equipment designed to receive television signals directly from a satellite rather than from another television broadcasting system.

School, public or private means lands and buildings operated by the county school district or other public or private entity, for education or training purposes, as follows: (1) elementary school, (b) middle school or junior high school, (c) high school, (d) vocational school, (e) charter school, or (f) college or university.

Self-service storage means a facility consisting of individual, self-contained units that are leased for the storage of business, commercial, or personal goods and belongings, excluding hazardous or volatile materials. The facilities may offer access via a limited number of access points or via a large number of doors or access points to individual bays. Facilities may include security quarters.

Setback means the horizontal distance between a building and the boundary lines of the lot, where no building, structure or portion thereof shall be allowed, except as provided in this code. Setbacks shall be measured from the right-of-way line for public streets, and from the access easement line for private streets.

Sign means any device or representation for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, which is affixed or attached to premises, real property, fixtures on real property or a vehicle.

Sign, area of means the square footage of area enclosed by the perimeter of the sign face with each face contributing to the aggregate area. With respect to signs which are composed of individual symbols, letters, figures, illustrations, messages, forms or panels, "sign area" is the sum of the individual areas of the smallest contiguous rectangle, each capable of containing such symbol(s), letter(s), figure(s), illustration(s), message(s), form(s) or panel(s).

Sign face means the part of the sign that is or can be used to identify, advertise or communicate information, or for visual representation which attracts the attention of the public for any purpose. "Sign face" includes any background material, panel, trim, color and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface or object upon which or against which it is placed. The sign structure shall not be included as a portion of the sign face, provided that no message, symbol or any of the aforementioned sign face criteria are displayed on or designed as part of the sign structure.

Sign structure means a supporting structure erected or intended for the purpose of identification, with or without a sign thereon, situated upon or attached to the premises, upon which any sign may be fastened, affixed, displayed or applied; however, this definition shall not include a building or fence.

Shopping center means a group of retail stores and service establishments planned and developed for the site upon which they are built.

Snipe sign means a sign which is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes or fences or to other objects, whereby the advertising matter appearing thereon is not applicable to the present use of the premises upon which such sign is located.

Special event sign means a sign which carries a message regarding a special event or function which is of general interest to the community.

Start of construction (for other than new construction or substantial improvements under the Coastal Barrier Resources Act) includes for substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Story means that portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, the space between such floor and the next ceiling above it. Any single story 18 feet or greater shall be considered two stories.

Street means a strip of land, owned privately or publicly, which affords the principal means of access to abutting property. The word "street" includes avenue, boulevard, expressway, lane, parkway, place, road, square, thoroughfare, throughway, or any area, however otherwise designated within the above-mentioned right-of-way.

Street, private means any street which has not been dedicated for public use or not accepted for ownership or maintenance by the town. Setbacks from private streets shall be measured from the access easement line.

Street, public means any street which is dedicated to the public use and accepted for ownership and maintenance by a public entity. Setbacks from public streets shall be measured from the right-of-way line.

Structure means anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.

Studio, instructional means a commercial establishment providing training or instruction for compensation in martial arts, exercise, gymnastics, dance and related activities.

Subdivision means the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or other divisions of land. The following shall not be considered subdivisions within the meaning of this Code, if no new streets are created:

(1)

Division of land where all resulting parcels are five acres or larger in size.

(2)

Divisions of property by testamentary or intestate provision.

(3)

Division of property upon court order.

(4)

Conveyances so as to combine existing lots by deed or other instrument.

The term "subdivision" shall also include the term "resubdivision."

Subdivision entrance sign means a sign which designates the name of a subdivision or of a residential district and is located at or in close proximity to the main entrance.

Substantial improvement means any combination of repairs, reconstruction, alteration or improvements to a structure, taking place during the life of the structure in which the cumulative cost exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term does, however, include any project for improvement of structure required to comply with existing health, sanitary and safety code specifications which are solely necessary to assure save living conditions.

Town Council means the Town Council of the Town of Hypoluxo.

Utility means a commodity and/or service needed and useful to the public (such as water service) and includes without limitation a facility or building(s) and/or structure(s) providing a utility commodity and/or service (such as a utility plant, facilities, equipment, offices and employee residence and/or other administrative offices). (May be publicly or privately owned.)

Variance means a relaxation of the measurable performance standards of this Code where such variance will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the chapter 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. Plant species which have been introduced into South Florida by man are not native vegetation.

Vehicle sign means a permanent or temporary sign affixed to or placed in or upon any parked vehicle, parked trailer or other parked device capable of being towed, the primary purpose of which is to attract the attention of the traveling public. Provided that this definition does not include any signs which are required by any unit of government, and does not include a single sign placed on a single vehicle or trailer at a residence of an individual which sign identifies the vehicle or trailer as being for sale.

Vehicular use area means an area designed or used for offstreet parking, loading, circulation, access or egress, storage or display of motor vehicles.

Veterinary office and clinic means an establishment which provides medical and surgical care for animals, and may provide overnight facilities.

Video rental and sales means an establishment engaged in the rental or sale of video tapes, Digital Video Discs (DVD's), video games and similar materials.

Window sign means any sign which is painted on, applied to, attached to or projected upon or within the exterior or interior of a building glass area, including doors; or located within 15 feet of the interior of a building glass area, including doors; or any interior illuminated signs, whose identification, message, symbol, insignia, visual representation logotype or any other form which communicates information, can be read from off-premises contiguous property or public right-of-way.

Yard means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code.

Yard, front means a yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building.

Yard, side means a yard between any building and side line of the lot extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and the side of any building.

Yard, rear means a yard extending across the rear of a lot between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of any building. On all corner lots, the rear yard shall be at the opposite end of the lot from the front yard.

Yards, corner lot: Corner lots in residential districts have two front yards. Houses whose major front is oriented to one street shall maintain the required front yard on such street. The front yard on the remaining street may be ten feet less than the normal front yard required or shall be five feet greater than the required side yard setback, whichever is the more restrictive.

(Ord. of 12-12-90, § 2.00.00; Ord. No. 108, § 1, 6-10-98; Ord. No. 120, § 2, 1-13-99; Ord. No. 131, § 2, 10-11-00; Ord. No. 141, § 2, 12-11-02; Ord. No. 146, § 2, 10-8-03; Ord. No. 147, § 2, 10-8-03; Ord. No. 164, § 2, 10-22-07; Ord. No. 185, § 2, 3-16-11; Ord. No. 208, § 2, 2-16-17)