This chapter shall be known and cited as the Town of Juno Beach Comprehensive Zoning Ordinance.

(Ord. No. 207, § 1.10, 8-8-1979)

The purpose of this chapter is to establish comprehensive controls for the development of land in the town based on the comprehensive plan for the town and enacted in order to protect, promote and improve the public health, safety and the general welfare of the people. The objectives of this chapter are to provide for: efficiency and economy in the development process; the appropriate and best use of land; preservation, protection, development and conservation of the natural resources of land, water, and air; convenience, traffic and circulation of people and goods; the use and occupancy of buildings; healthful and convenient distribution of population; adequate public utilities and facilities; promotion of the civic amenities of beauty and visual interest; promotion of planned unit developments as a means of achieving better land use and design; and development in accordance with the comprehensive plan. To accomplish these purposes, the town council shall divide the entire town into districts of such number and shape as may be deemed best suited to carry out the purpose of this chapter, and within these districts may regulate, determine and establish:

(1)

Height, number of stories, size, bulk, location, erection, construction, repair, reconstruction, alteration and use of buildings and other structures, for trade, profession, residence and other purposes;

(2)

Use of land and water for trade, profession, residence and other purposes;

(3)

Size of yards, and other open spaces;

(4)

Percentage of lot that may be occupied;

(5)

Density of population;

(6)

Conditions under which various classes of nonconformities may continue, including authority to set fair and reasonable amortization schedules for the elimination of nonconforming uses;

(7)

Use and types and sizes of structures in those areas subject to seasonal or periodic flooding and/or storm damage so that danger to life and property in such areas will be minimized;

(8)

Performance standards for use of property and location of structures thereon;

(9)

Architectural design of structures.

All such regulations shall be uniform throughout each district, but the regulations in one district may differ from those in other districts. For each district designated for the location of trades, callings, commercial enterprises, residences or buildings designated for specific use, regulations may specify those uses that shall be excluded or subjected to reasonable requirements of a special nature.

(Ord. No. 207, § 1.20, 8-8-1979; Ord. No. 689, § 2, 1-25-2017)

(a)

The intent of this chapter is that it be inclusionary; permitted uses, accessory uses, and special exception uses specifically stated for each zoning district shall be the only uses permitted. Any use proposed within any given zoning district which is not a stated use within said district is expressly prohibited, subject to the provisions of section 34-242.

(b)

In addition, unless specifically stated to the contrary in this chapter, all other town ordinances, resolutions and other regulations shall be complied with.

(Ord. No. 207, § 1.30, 8-8-1979; Ord. No. 689, § 2, 1-25-2017)

For the purposes of this chapter, the following terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural; and the plural the singular; the term "used for" shall include the meaning "designed for"; the term "structure" shall include the term "building"; the term "lot" shall include the terms "plot" and "tract"; the word "shall" is mandatory and not directory.

Accessory apartment means a second dwelling unit, either in, detached from, or added to a single-family detached dwelling, for use as a complete, independent living facility. Such a dwelling unit is an accessory use to the main dwelling unit, and shall not be counted when calculating density for property in the district if the accessory apartment is 750 square feet or less in living area. An accessory apartment shall have a maximum living area (air conditioned space) of 500 square feet when the lot area is less than 10,000 square feet, and shall be permitted a maximum 1,250 square feet of living area when the lot area is 10,000 square feet or more. However, the Saturn Lane Historic District shall be permitted a maximum living area of 750 square feet and shall have no minimum lot size requirement.

Accessory use or building means a subordinate use or building customarily incidental to and located upon the same lot occupied by the main use or buildings; including public or private utilities serving the main use or building. Accessory use is also known as secondary use.

Acre means, for the purpose of calculating dwelling units, an area or parcel of land containing 43,560 square feet.

Airline route means the distance measured on a map from one location to another.

Aisle means a roadway within a parking lot.

Alley means a right-of-way or easement which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

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

Architectural feature means a structural or decorative feature which enhances design quality and is consistent with the overall architectural design of the structure on which it is placed and all other structures on the site. Such architectural features include, without limitation, roof structures, wall caps, windows, varying forms, planters, and similar quality design features.

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

Artificial turf is a product manufactured from synthetic materials that simulates the color, appearance and height of natural turf, grass, sod, or lawn. Artificial turf is not considered landscaping and shall not count toward a property's minimum landscaping or minimum landscaped open space requirement.

Assisted living facility means residences which may include a mixture of housing types and may have extended medical care, central kitchen, common dining room, nursing and medical facilities, as well as a chapel, library, and other accessory and incidental uses, as well as limited commercial uses serving exclusively the residents of the facility. Such facilities shall include but not be limited to adult extended care residences and nursing homes and shall not include substance abuse treatment providers licensed pursuant to F.S. ch. 397.

Attendant uses for resort hotel means those uses which are complementary to a resort hotel. Those uses are conference facilities, restaurants (enclosed), sidewalk cafes, open-air restaurants, travel agencies, health clubs, spas, beach equipment sales and rentals, snorkeling and scuba diving equipment sales and rentals, beach cabanas, vacation apparel, seaside arts and crafts, branch banks, retail liquor stores, drugstores, photo shops, bookstores, luggage shops, gift shops, real estate offices, and auto rental offices (with rental autos stored and serviced elsewhere off the site).

Average front yard setback means the calculation determined by measuring the distance between the front property line, and the corners of the front wall of the principal structure closest to the front property line. The walls of the principal structure may be angled with respect to the front property line, so long as the closest and farthest points of the wall (with respect to the front property line), when averaged, equal the average front yard setback. No structure wall shall encroach on the required minimum front yard setback.

Awning means a shelter projecting from the exterior wall of a building, typically constructed of flexible materials except for the supporting framework.

Awning, sidewalk, means a projecting structure, either temporary or permanent, which is composed of construction limited to an open framework and is typically covered by flexible material and is suspended from a supporting building over a public sidewalk or walkway.

Basement means a story situated under a building having exterior perimeter walls, a floor level two or more feet below the level of the contiguous exterior ground outside of the building, and having one-half or more of its floor-to-ceiling height below the average level of all the exterior ground of the lot comprising the subject building development site. A basement story shall not be considered a story with regards to height regulations contained in this chapter if said story does not exceed eight feet above the average mean elevation for the subject lot, and if designed or adapted to and used solely for the purpose of automobile parking and/or machinery and essential building utility services not involving habitable space. The exterior walls of said basement story shall be set back from all property lines as required for said building situated over the basement story, and minimum door openings in said basement walls shall be limited to those essential to permit one automobile entry access driveway and one automobile exit driveway for each separated under-building parking area, plus pedestrian lobby entries and required fire escape exit ways.

Basement, sub-, means a story which is located underground and does not exceed in height the lowest point of the public sidewalk abutting the property, or the public street if there is no public sidewalk; and is designed, adapted to or used for the purpose of auto storage and/or furnace and other utility purposes, provided that said furnace and other utilities are located within the projected confines of the outer walls of the main building properly located above ground level.

Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). Unless otherwise specified, the seaward limit of a beach is the mean low water line. The term "beach" is alternatively termed the "shore."

Boat means a craft or device for water transport, including but not limited to a boat, jet ski, or windsurfer board.

Boat trailer means a trailer used to haul and carry a boat.

Buildable area means the portion of the lot remaining after required yards have been provided.

Building. See Structure.

Building dimension means the horizontal length of any building wall in one elevation (the front, sides, or rear building wall of any structure). Attached building structures (for example, a row of townhouses) shall be considered as one building and one building dimension, regardless of whether the attached building structures are parallel to the property line, staggered, or some other configuration. The dimension shall be measured from the farthest extremes of said building wall, exclusive of balconies, porches, canopies, porte-cocheres, and other similar features.

Building facade means all windows, doors, and wall areas of a building in one plane or elevation.

Building footprint means the total ground floor area of a structure covered by a roof measured to the outside building walls, columns, and/or posts.

Building frontage means the building dimension of that portion of a building which faces upon and is generally parallel to a public or private street, aisle, or walkway, as applicable.

Building height means the vertical distance measured from finished grade to the highest exterior point of the building roof, exclusive of chimneys, aerials, and other similar appurtenances. See Finished grade.

Building line means the line established by law on any legally platted lot beyond which no building shall extend, except as specifically provided by law.

Bulk means the overall size and volume of a building or structure.

Business services means establishments providing support services to other business concerns, Business services would include, but not necessarily be limited to, print shops, secretarial services, travel agencies, drafting, services, advertising agencies, etc.

Cabana (pool house) means an accessory structure typically used in connection with outdoor bathing, providing enclosed space for showering or changing clothes, with recreational cooking and/or bar facilities, but no sleeping rooms.

Canopy means a permanent, projecting roofed structure attached to and supported by a building wall, which may project over a traffic aisle or walkway.

Church or place of worship means a structure utilized by a religious organization for worship and religious training or education. In addition, a church or place of worship may be used for activities and programs for the enrichment of its organization members and the community, including but not limited to special events, social gatherings and recreational programs. Any accessory uses involving outdoor activities must be approved as special exception uses unless otherwise permitted elsewhere in this chapter (i.e., special events). A church or place of worship, for the purposes of this chapter, may include, in addition to the principal structure, accessory structures and/or dwelling units for church personnel located within an accessory structure.

Club, private, means buildings and/or facilities not open to the general public and operated for social or recreational purposes for members and their bona fide services which are customarily carried on as a business. A private club may provide living quarters for its bona fide employees only.

Coastal area means that area which lies east of A1A (Ocean Drive) as well as that area which lies west of Ellison Wilson Road.

Coastal construction control line or CCCL means that line which marks the most seaward extent of construction established in 1979 by the state bureau of beaches and shores and which is marked along the dune line by permanent survey markers.

Coastal high hazard area means those areas within the Federal Emergency Management Agency (FEMA) designated V zones which lie seaward of the coastal construction control line.

Coastal vegetation means native dune vegetation which preserves and protects beach and dunes from erosion. Examples of native dune vegetation include but are not limited to sea oats, sea grapes, railroad vine, and saw palmettos.

Code compliance official means any authorized agent or employee of the town whose duty is to ensure compliance with the provisions of this chapter, including, but not limited to, designated employees of the police and code enforcement departments.

Commercial areas includes all areas in the town that have commercial uses and/or are commercially zoned properties as designated by this chapter.

Commercial center means a group of two or more commercial buildings.

Common area lots (RV park). See section 34-566(c) for definitions.

Common open space means that area of a development site which is unencumbered by buildings, other structures, driveways for vehicular access, or automobile parking areas and storage. This area shall include all yard areas as well as those other open land areas located within the planned unit development site.

Community association means an entity created by a recorded instrument providing for the operation and maintenance of commonly owned facilities or common open space and may consist of a property owners' association, a homeowners' association or a condominium association.

Community parks means active recreational areas typically over 15 acres in size that serve multineighborhood recreational needs.

Community residential home means a dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services, or a dwelling unit licensed by the agency for health care administration, which provides a living environment for seven to 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social need of the residents, as defined in F.S. ch. 419. The community residential home is provided for pursuant to the requirements of F.S. ch. 419 and shall not include substance abuse treatment providers licensed pursuant to F.S. ch. 397.

Compatible or consistent means harmonious in the appearance of two or more external design features in the same vicinity. The term "compatible" or "consistent" also means being in a state of order, agreement, or completeness in the relations of parts of a whole to each other.

Comprehensive plan means the official public document adopted by the town council as a policy guide to present and future land use decisions.

Convenience store means a retail establishment which is usually open for extended daily hours of business (12 to 24 hours), usually located as a single entity or in a strip building facility not dependent upon comparison shopping and by its manner of display and merchandising usually sells a limited selection of items and brands of prepackaged or prepared foods, ready-to-eat foods, snacks, gum, candy, beverages, dairy products or sundries, all of which are frequently purchased for immediate use. Such establishment described in this definition, developed with facilities for the dispensing of vehicular fuels, shall be defined as a fuel service station and regulated as a fuel service station.

Day Spa. See Health spa/gym.

Development review committee (DRC) means a committee providing technical review of development applications consisting of representatives of the planning and zoning, building and police departments, in addition to providers of fire rescue and utility services.

Dining room means any building or part thereof, or any room or part thereof, in which food is dispensed or served for profit or gratis to a restricted and limited clientele consisting of tenants and residents of the same premises and their bona fide guests.

Director means the director of the town planning and zoning department, or his designee.

Display means the exhibition of an item, such as but not limited to goods, materials, merchandise, decorations, etc.

Dock means a structure built on pilings over water which is designed or used to provide anchorage for and access to one or more boats at anchorage. Necessary boat services such as water, phone, electricity and other utilities are considered a part of a dock; however, no cooking, sleeping or commercial activity shall be permitted or conducted on a dock.

Drive-in business means an establishment, other than a drive-in financial facility, where a patron is provided products or services without departing from his automotive vehicle.

Drive-in financial facility means a drive-in teller service, where the patron makes withdrawals or deposits or receives other financial services without departing from his automotive vehicle.

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 article IV, division 15 of this chapter.

Dune means a mound or ridge of loose, typically sand-sized sediment, upland of the beach, and deposited by any natural or artificial means; the term "dune" may also include a beach ridge, dune ridge, chenier, etc.

Dune, crest of, means that line connecting points of highest elevation of the collective cross sections of a dune between its easternmost and westernmost minimum elevations.

Dune restoration means the placement of sand on an eroded dune, together with revegetation.

Dune revegetation means the planting of dune vegetation on nonvegetated dune areas.

Dune walkover means a low wooden narrow platform which is pile-supported and elevated above the dune to provide access to the beach. A dune walkover shall not be subject to any setback requirements from the property lines.

Dwelling means a building or portion thereof designed or used exclusively for residential occupancy, but not including transient facilities.

Dwelling unit (DU) means a group of rooms designed, used exclusively or occupied as separate living quarters by a single family, but not including transient facilities.

Dwelling, single-family, means a detached building designed for or occupied exclusively by one family, but not including transient facilities.

Dwelling, two-family, means a detached building designed for or occupied exclusively by two families living independently of each other, but not including transient facilities.

Dwelling, multiple-family or multifamily, commonly known as an apartment house, means a building, or portion thereof, used or designed as a residence for three or more families living independently of each other, having individual living units with each unit having cooking facilities, but not including transient facilities.

Dwelling, townhouse, means a dwelling unit designed for or occupied exclusively by one family and attached to three or more other dwelling units of similar design and separated by one or more party walls. The attached townhouses as defined constitute a building cluster. This definition does not include transient facilities.

Excavation means any removal of earth in excess of six inches below the existing grade of surrounding land, for any reason whatsoever, except when excavation is to be made and earth restored to its original condition.

Family means one person or a group of two or more persons living together and interrelated by bonds of consanguinity, marriage or legal adoption, or a group of persons not more than three in number who are not so interrelated, occupying a dwelling as a single housekeeping unit. 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 (DCF) or to a child-placing agency licensed by DCF, or who is otherwise considered to be a foster child under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related to and a member of the family for the purposes of this chapter. Nothing herein shall be construed to include any roomer or boarder as a member of a family, nor shall this definition preclude the utilization of single-family residences as vacation rentals.

Family care home means a dwelling unit licensed to serve residents who are clients of the department of elderly affairs, the agency for persons with disabilities, the department of juvenile justice, or the department of children and family services; or a dwelling unit licensed by the agency for health care administration in which a living environment is provided for a payment, fee or grant for any of the residents receiving care, whether or not operated for profit, for one to six unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supporting staff as may be necessary to meet the physical, emotional and social needs of the residents and meeting all other criteria of F.S. ch. 419.

Family day care home means an occupied residence in which child care is regularly provided for children from at least two unrelated families and which receives a payment, fee, or grant for any of the children receiving care, whether or not operated for profit. A family day care home shall be allowed to provide care for one of the following groups of children, which shall include those children under 13 years of age who are related to the caregiver:

(1)

A maximum of four children from birth to 12 months of age.

(2)

A maximum of three children from birth to 12 months of age, and other children, for a maximum total of six children.

(3)

A maximum of six preschool children if all are older than 12 months of age.

(4)

A maximum of ten children if no more than five are preschool age and, of those five, no more than two are under 12 months of age.

Finished grade means the average elevation of the existing grade prior to land alteration of the lot on which a proposed or existing structure is located, or the grade established by the town equal to the crown of the adjacent neighborhood or platted subdivision street at its highest elevation abutting the property, whichever is greater. If such elevation is less than seven and one-half feet above mean sea level, USC and GS datum, then building height shall be measured from seven and one-half feet above mean sea level, USC and GS datum, to the highest exterior point of the building roof, exclusive of chimneys, aerials, and other similar appurtenances.

Floor area, total, means the sum of the gross horizontal area of all of the floors of a building measured from the exterior faces of exterior walls and/or supporting columns. Such area shall exclude a basement or subbasement as defined; open plaza, balcony or deck areas; and off-street parking within or under the building.

Foster care home means a residence licensed by the state department of children and family services which houses foster residents and provides a family living environment for the residents, including such supervision and care as may be necessary to meet the physical, emotional and social needs of residents and serving either children or adult foster residents.

Frontage means all or a portion of a lot line which directly abuts a public or private right-of-way, excluding alleys and private driveways.

Fuel service station means a retail establishment which primarily sells, dispenses and installs gasoline and automotive lubricants and products. Such establishments may include the sale of typical convenience store items.

Garage, private, means a building or space used as an accessory to or part of a main building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted.

Garage, storage, means any building or premises, other than a private garage, used exclusively for the parking or storage of motor vehicles.

Ground cover means material such as, but not limited to, grass, rocks, pebbles, mulch and tree bark.

Group home means one of the following: a foster care home, a family care home, or family day care home. These group homes are provided for pursuant to the requirements of F.S. chs. 402 and 419 and shall not include substance abuse treatment providers licensed pursuant to F.S. ch. 397.

Gym. See Health spa/gym.

Habitable space means all that interior living space in a dwelling unit which is provided with heating and/or air conditioning facilities such as to render the space habitable in all seasons and weather.

Harmony means a quality which produces an aesthetically pleasing whole as in an arrangement of varied architectural and landscape elements. Harmony can be achieved through the proper consideration of scale, mass, bulk, proportion, height, orientation, site planning, landscaping, materials and architectural components, including, but not limited to, porches, roof types, fenestration, entrances and stylistic expression.

Health spa/gym 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 exercise and dancing, massage, weight lifting, running, swimming, racquetball, basketball, weight reduction and similar activities. Accessory uses, limited to patrons of the facility, include babysitting and food and beverage services.

Helistop means a designated public or private landing area used for the operation of motorcraft where no basing facilities are provided.

Holiday decorations means a display, including lighting and ornamentation, which is a nonpermanent installation celebrating national, state, and local holidays or holiday seasons.

Hot tub/whirlpool means a small swimming pool with a maximum of 36 square feet in surface area.

Hotel/motel means a building or a group of buildings, or part thereof in which sleeping accommodations are offered to the public on a daily basis, regardless of the number of rooms, and which may include as well additional services such as restaurants, meeting rooms, and recreational facilities; as distinguished from transient residential facilities.

Impervious means land surfaces which do not allow the penetration of water including paved roads, sidewalks, driveways, parking lots and highly compacted areas including shell and clay.

Individual freestanding retail use means a retail use located in a freestanding building which contains only one retail business and which is not part of any retail center.

Interior lots (RV park) See section 34-566(c) for definition.

Landscape barrier means a design feature constructed within a landscape buffer which is intended to impede pedestrian or vehicular cross-movement and to provide an abrupt transition between otherwise incompatible land uses. A landscape barrier may consist of living plants (such as a hedge), structures (such as a wall or fence), changes in grade (such as a berm) or any combination thereof as determined by the town.

Landscape buffer means a continuous area of land which is adjacent to and abutting one or more property boundaries in which landscaping is used to provide a transition between, and to reduce any negative environmental, aesthetic or other impacts of, adjacent land uses.

Landscaped open space means open space which is covered and maintained with vegetation as required in the definition of "landscaping."

Landscaping means any of the following or combination thereof: materials such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms, and other materials such as rocks, pebbles, sand, wall or fences.

Limited home occupations means a home occupation which by its nature has no impact on the surrounding residential neighborhood, and requires no facilities other than those normally provided for a residential dwelling unit. Limited home occupations are typically those businesses that require only telephone, and/or internet service to conduct their transactions.

Lot means a parcel of land occupied or intended for occupancy by a building together with its accessory buildings, including the open space required under this chapter. For the purpose of this chapter, the term "lot" shall be taken to mean any number of contiguous lots or portions thereof not separated by a street or public way, upon which one or more main structures for a single use are erected or are to be erected.

Lot, corner, means a lot abutting upon two or more streets at their intersection.

Lot coverage means that percentage of the total area of a lot covered or occupied by the buildings or any part of the buildings, excluding therefrom any projections which are permitted by this chapter to extend into yard areas.

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

Lot, interior, means a lot other than a corner lot.

Lot lines means the lines bounding a lot as established by ownership.

Lot of record means a parcel of land as originally subdivided or subsequently resubdivided and properly recorded as a lot within a subdivision or plat.

Lot, through, means an interior lot having frontage on two streets.

Lot width means the distance measured along the front building line between the side lot lines of a lot.

Low-volume irrigation system ormicroirrigation means equipment or irrigation devices designed to provide small quantities of water on or below the soil surface as drops or tiny streams of spray through emitters or applicators placed along a water delivery line. Microirrigation includes methods or concepts such as bubbler, drip, trickler, mist, or microspray, and subsurface irrigation.

Manufactured home, as currently defined by Florida Statutes and as subsequently amended, means a mobile home fabricated on or after June 15, 1976, in an off-site manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. This definition does not include modular housing placed on a standard foundation or travel trailers.

Manufactured home accessory building or structure, as currently defined in the National Fire Protection Association's (NFPA) 501A Standards, and as subsequently amended, means a building or structure that is an addition to or supplements the facilities provided in a manufactured home. It is not a self-contained, separate, habitable building or structure. Examples are awnings, cabanas, garages, ramadas, storage structures, carports, fences, windbreaks, or porches.

Mass means the relationship and sizes between different volumes of a building or structure.

Mechanical equipment means and includes but is not limited to heating, ventilating, air conditioning, and pool equipment machinery; water filtration systems; fuel oil and propane tanks; accessory communications equipment such as signal sending and receiving dishes, etc.; public utility service fixtures, including telephone, telegraph, electricity, natural or propane gas, potable water, and sewer facilities; and elevator facilities.

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 and 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.

Minor structure means and includes pile-supported, elevated dune and beach walkover structures, beach access ramps, walkways and stairways; viewing platforms; gazebos, boardwalks, slab patios, and other paved areas not exceeding 144 square feet in area; sand fences, privacy fences; and lifeguard support stands.

Municipally owned or operated refers to the municipality of the Town of Juno Beach.

Native vegetation means plant species that are indigenous to the State of Florida prior to European contact and well adapted to the coastal region of South Florida, i.e., salt-tolerant, adapted to nutrient-poor, alkaline, and sand or limestone-based soils. Invasive species and exotic species are not considered to be native species.

Neighborhood parks means areas typically less than five acres which serve neighborhood-type recreational needs.

Nonconforming lot means a lot which was of lawful area and dimension when platted but, due to the creation of or revisions to this chapter, no longer conforms to the current regulations of the district or zone in which it is situated.

Nonconforming structure means a structure which was lawfully existing when constructed but which, due to the creation of or revisions to this chapter, no longer conforms to the area regulations of the district or zone in which it is situated.

Nonconforming use means a use which was permitted when instituted but which, due to the creation of or revisions to this chapter, no longer conforms to the current regulations of the use district on which it is situated.

Occupant means a business or entity occupying a building or building space. Such business or entity shall be considered as one occupant, regardless of the number of business tax receipts held by any one business or entity.

Offices, medical and dental means outpatient establishments offering patients medical services, examinations and treatments by professionals trained in healing or health-related practices, including, but not limited to, medical doctors, dentists, chiropractors, osteopaths, podiatrists, optometrists, or any similar profession licensed by the state, as well as those technicians and assistants who are acting under the supervision and control of an on-site licensed health care practitioner. These uses shall not include establishments where patients are provided services or otherwise lodged overnight and are subject to the additional regulations set forth in article IV, division 15 of this chapter.

Offices, professional, means establishments 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; employment offices (excluding day labor and labor pool services), professional or consulting offices for accounting, architecture, computer technology, design, engineering, landscape architecture, law, urban planning and similar professions; property and financial management; real estate; telecommunication services; and travel agencies.

Open space means that area of a lot which is unencumbered by buildings, accessory structures, driveways, or automobile parking areas, except for garden walls and fences and recreational equipment as provided herein. Such space is to be generally maintained in a natural or cultivated living landscape.

Ornamental feature for fence/wall means a feature added to a fence or wall which enhances its design quality, consistent with the overall architectural design of the structure on which it is placed and the principal structures on the site. Such ornamental features shall include decorative columns or posts, varying forms, planters, and similar quality design features (excluding wall caps).

Outbuilding means a building located separately from other buildings in a development, but within the same legally described parcel, and in which there is only one occupant.

Outparcel means a separate legally described parcel within a commercial development and on which there is only one occupant.

Outpatient substance abuse treatment provider includes the following licensed facilities as specifically listed in F.S. § 397.311(18): (a) day or night treatment on an outpatient basis only; (b) detoxification services on an outpatient basis only; (c) medication-assisted treatment for opiate addition [addiction] on an outpatient basis only; and (d) outpatient treatment and intensive outpatient treatment.

Parapet means that portion of a wall which extends above the roofline.

Parking lot, public or private, means an open area or plot of land used for the storage or parking of motor vehicles to provide off-street parking, either for profit or gratis, for commercial or residential uses, other than single-family.

Parking required means those parking facilities determined as the minimum facilities necessary to comply with this chapter as set forth in the Schedule of Off-Street Parking Requirements in section 34-981(b)(5).

Perimeter lots (RV park) See section 34-566(c) for definition.

Perimeter wall/fence means a wall or fence delineating the outer boundary or fringe of a development site.

Person means and includes all natural persons, individuals, public or private corporations, firms, associations, joint ventures, partnerships, municipalities, governmental agencies, political subdivisions, public officers or any other entity whatsoever, or any combination of such, jointly or severally.

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 article IV, division 15 of this chapter.

Pier means a structure extending into navigable water for use as a landing place, promenade or fishing.

Pioneer zone means the seaward side of the dune where grasses such as sea oats, vines such as railroad vine, and other low-lying plants are dominant.

Pool equipment machinery. See Mechanical equipment.

Principal entrance means the main access to a building through which the majority of patrons enter.

Proportion means the visual effect of relationship of one portion to another, or of a portion to the whole, or of one thing to another.

Proportional (tower). See Tower, proportional.

Rear building facade means the elevation of a building providing for restricted entry to employees and servicing only and/or which facade is different from the other facades and clearly represents the rear of the building.

Residence, adult extended care, means a dwelling unit for elderly adults who may require extended medical care, and/or personal attention. Such unit shall exist only in a comprehensive adult care facility which shall include on-site health care facilities. Such residence is not considered a dwelling unit.

Residential areas includes all areas in the town so zoned by this chapter. Furthermore, for the purpose of this chapter, a residential condominium shall be deemed a residential area regardless of the zoning district in which it is located.

Residential substance abuse treatment provider includes the following licensed providers or facilities as specifically listed in F.S. § 397.311(18), providing overnight services: (a) day or night treatment with community housing; (b) detoxification services; (c) medication-assisted treatment for opiate addition [addiction]; (d) outpatient treatment and intensive outpatient treatment; (e) additions [addictions] receiving facility; (f) intensive inpatient treatment facility; and (g) residential treatment facility. Residential substance abuse treatment providers may also provide outpatient substance abuse treatment services.

Resort hotel means a transient lodging facility which primarily services the persons who elect to stay at the facility for the purpose of using on-site and directly adjacent facilities, and who use the Atlantic Ocean and its beach as sources of relaxation.

Restaurant means every building or part thereof and all accessory buildings used in connection therewith or any place or location kept, used, or maintained as, advertised as, or held out to the public as a place where meals or foodstuffs are prepared and/or served, either gratuitously or for profit, to the general public.

Retail center means any shopping center, shopping plaza, or commercial freestanding building which contains two or more individual retail businesses.

Right-of-way means an area or strip of land either public or private, on which an irrevocable right of passage has been recorded, (whether by deed, dedication or easement).

Sand preservation zone means an area of jurisdiction from the mean high water line of the Atlantic Ocean to a line 600 feet landward, for the purpose of maintaining the volume of beach sand within the beach/dune system.

Satellite dish antenna means a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations or TVROs (television reception only satellite dish antennas). A satellite dish antenna is considered to be a structure as defined by the building code.

Scale means the proportions of a building in relation to its surroundings, particular other buildings in the surrounding context.

School, academic, means a use comprised of a structure, or portion thereof, designed or used for instructing one or more persons, either children or adults, in either general or specialized education and including accessory uses such as administrative offices, physical education facilities and group housing facilities for student or staff; provided, however, that instruction received by children or adults in their place of residence shall not constitute a school.

School, professional or studio-type, means a use comprised of a structure, or portion thereof, designed and used for the business of instructing one or more persons, either children or adults, in a specialized subject or subjects such as voice, language, dancing or modeling.

Secondary use means a subordinate and dependent use to the principal building use, i.e., automated bank teller machines (ATMs), book depositories, etc. The term "secondary use" is also known as "accessory use."

Shrubs means woody perennial plants of low stature characterized by persistent stems and branches springing from the base.

Sidewalk cafe means any group of tables and chairs, and its authorized decorative and accessory devices, situated and maintained upon the sidewalk for use and consumption of food and beverages sold to the public from or in an adjoining indoor restaurant.

Sign means any lettering, number, pictures, illustrations, trademarks, logograms, posters, characters, illumination, decoration, or other device visible from a public or private roadway and/or sidewalk which is used to announce, direct attention to, identify, advertise or otherwise make anything known shall be classified as a sign regardless of whether it is freestanding or attached or painted to or on or in a building, structure, display board, screen surface or wall, or is projected thereon by artificial lighting.

Sign area means the entire area within a single continuous perimeter which encloses the extreme limits of the advertising message, announcement, display, logo, picture or any figure of a similar nature, together with any frame, background area of a sign, structural trim, or other material, color, or condition which forms an integral part of the display, excluding the necessary supports, bases or uprights on which such sign is placed; provided that such supporting structures shall not exceed the maximum allowable sign area and shall carry only street numbers. When a sign has two faces which are back to back with one another, only one face shall be counted toward the sign area.

Sign, artisan, means temporary signs advertising the work of tradesmen, mechanics, painters, and other artisans during the period such persons are performing work on the premises.

Sign, awning, means a shelter projecting from the exterior wall of a building and constructed of flexible materials except for the supporting framework.

Sign, banner, means a temporary sign possessing characters, letters, illustrations, ornamentations, or designed so as to attract attention by a scenic effect, excluding pennants, balloons, and flags with or without lettering or characters, streamers, wind-driven whirligigs, propellers or other devices, either with or without a frame. A banner sign shall be made of durable material, such as but not limited to plastic or vinyl, and have professional lettering/characters/design. The paint on said banner shall be weatherproof.

Sign base means the supporting structure of a sign. See Sign structure.

Sign, building identification wall, means a sign located on a principal building and such principal building wall, identifying the name of the building or main anchor or tenant therein.

Sign, cabinet, means a box-type sign where illumination is internally within the box/cabinet structure.

Sign, changeable copy, means lettering which is removable and not permanently affixed to a sign area.

Sign, construction, means a temporary sign on a building site advertising the builder, contractor, developer, architect, and engineer involved in the construction of the premises.

Sign copy means any words, letters, numbers, figures, designs or other symbolic representation incorporated into a sign.

Sign, development, means a temporary sign advertising an approved project, for a future occupant and/or the sale, leasing, or rental of the premises upon which it is placed or erected.

Sign, directional, means an on-premises sign designed to guide or direct pedestrians or vehicular traffic. Such sign may contain the name or logo of a building or development and/or directional words such as entrance, exit, etc. A directional sign is also known as an aid-to-traffic sign.

Sign display means the displaying of something, such as but not limited to goods and merchandise, decorations, etc.

Sign, emitting, means a sign which emits sound, odor, or visible matter, such as smoke or steam.

Sign, externally lit, means a sign that is externally lit with an artificial source of light.

Sign face means that portion of a sign which is the viewable sign area.

Sign, freestanding, means a sign which is permanently affixed in or upon the ground and is not attached nor a part of a building.

Sign, freestanding identification, means a sign which is freestanding within a setback along a street frontage and which identifies a building or development.

Sign, freestanding monument. See Sign, monument.

Sign, front entrance wall, means a sign placed on a front entrance wall feature such as a wall aligning both sides of an entrance way (as regulated by sections 34-905 and 34-906), an archway structure extending over an entranceway, columns aligning an entrance way, or other similar entrance feature consistent with the architectural design of the principal structure.

Sign, generic business names, means words that describe the type of service or product provided, i.e., dentist, doctor, lawyer, shops, eateries, etc.

Sign grade means the ground level directly below a sign or immediately adjacent to its base or support. Where the ground level has been artificially raised for landscaping or other purposes, grade shall be measured from the level of the nearest curb of a public street, or the crown of such street if no curb exists.

Sign height means the vertical distance from the crown of the road to the top of the sign area for signs along the street frontage, and the vertical distance from grade to the top of the sign area, including any structural element for internal signs on the site. Architectural features may extend proportionally (see article IV, division 6 of this chapter) above this height limitation.

Sign, holiday decorations, means a display, including lighting and ornamentation, which is a nonpermanent installation celebrating national, state, and local holidays or holiday seasons.

Sign, illuminated, means a sign having an artificial source of light to make the sign's message readable, including internally and externally lit signs. (See article IV, division 6 of this chapter for permitted and prohibited forms of illumination.)

Sign, internally lit, means a sign that is internally lit with an artificial source of light whereby no glare or off-site saturation of light occurs. Internally lit individual letter signs include those signs which separately illuminate each letter of the sign, as opposed to illuminating more than one letter or word/logo from the same cabinet, continuous backlight or spotlight.

Sign, landscape/topiary, means a sign created/constructed from live plant materials (see section 34-1053(14)c).

Sign length (horizontal length) means the horizontal dimension of a sign.

Sign, logo, means a trademark or business name or symbol identifying a business or service which may be all or part of a sign.

Sign, monument, means a low-profile freestanding sign with a solid base on the ground, where the base does not exceed the height dimension of the sign area, or a low-profile freestanding sign with side support structures and no more than two feet air space from the ground to the bottom edge of the sign. Such base or support structures shall incorporate design and building materials that complement the architectural theme of the building on the premises.

Sign, neon, means a sign with tubing that is internally illuminated by neon or other electrically charged gas.

Sign, off-premises, means a sign used to advertise a business conducted, services available or rendered, or goods produced, which are not located on the site where the sign has been erected and/or displayed.

Sign, official, means a sign placed or erected by a governmental agency as a regulatory, aid-to-traffic or informational sign, in connection with control of vehicular or pedestrian traffic over a bridge, roadway, pathway or sidewalk or for other public purposes.

Sign, on-premises, means a sign used to advertise the business conducted, services available or rendered, or the goods produced, on the site where the sign has been lawfully erected.

Sign, ornamental, means a colorful fabric or vinyl banner-like ornament attached to a light pole, lamppost, column, building, etc., with brackets at the top and bottom of the ornament to maintain a fixed position. Such brackets must allow the ornament to flex with gusts of wind while maintaining a tightly stretched appearance.

Sign, painted, means a sign which is painted directly onto a building or structure.

Sign, permanent special event, means a freestanding monument sign which advertises no more than four special events at one time, for a retail building or center which is greater than 15,000 square feet in total floor area.

Sign, portable, means a sign which is capable of being carried or readily moved from one location to another and which is not permanent in nature. Such signs include, but are not limited to, A-frame signs, sandwich board signs, signs on wheels, or signs which lean onto a stationary object, building or structure.

Sign, roof, means a sign erected above the eave line or parapet wall, whichever is higher.

Sign, sale or rental, means temporary signs advertising the sale or rental of the premises upon which they are displayed or erected by the owner or broker or any other person interested in the sale or rental of said premises.

Sign setback means the minimum distance required for any edge of any sign to be located from the property line.

Sign structure means any edifice or framework which supports or is capable of supporting a sign.

Sign, temporary, means a sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease, or special events, or being displayed for a limited period of time.

Sign, walkway directional, means a flat sign hung from or attached to a walkway ceiling or structure at the beginning and end of each walkway corridor which identifies the occupants or types of occupants within that corridor.

Sign, walkway occupant identification, means a flat sign hung from or attached to a walkway ceiling or structure in front of the principal entrance to an occupant's space.

Sign, wall, means a single-faced sign attached to and parallel to the building facade. Such sign may include a wall sign, cabinet sign, awning sign, or canopy sign.

Sign, window, means any sign which is attached or painted, either permanently or temporarily, on the interior or exterior of a window or which is placed within 12 inches of the face of such window and is intended to be viewed from the outside.

Signs, identical, means two or more signs which are exactly alike, meaning same size and dimensions in sign area; same message configuration, design, and color; and same position and location on different elevations.

Signs, incidental, means signs for secondary uses which are located outside of the building, i.e., automated bank teller machines (ATMs), book depositories, etc.

Spa. See Hot tub/whirlpool.

Special event, on-site means promotional events for commercial businesses, institutional, residential and governmental uses, and charitable groups which may include grand openings, special holiday sales and events, sidewalk sales, charity drives, and other similar events open to members of the public or non-residents, as applicable. Special sales on merchandise or services, other than those identified herein, do not represent a special event. Individual residential yard or garage sales are not considered on-site special events for the purposes of this definition.

Special event, off-site means any meeting, activity, gathering, or group of persons, animals, or vehicles, or a combination thereof, having a common purpose, design, or goal (excluding any such event conducted for the primary purpose of First Amendment speech or assembly) which is intended to or does draw public attention, and will impact or substantially inhibit the usual flow of pedestrian or vehicular traffic upon any public or private facility, street, sidewalk, alley, park, public or private area or building and is not the type approved for, or customarily associated with, the property upon which the event is located. An off-site special event is not a typical business sale event or similar activity for commercial and/or office establishments.

Special exception means a use which may be allowed within a zoning district subject to the provisions of section 34-93.

Storage means an area or space used for the storage of goods, materials or personal property and not for habitable living space. Storage areas may be air conditioned.

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, then the space between such floor and the ceiling next above it. In computing the height of a building, the height of a basement shall not be included if used for the purpose as provided in the definition of basement.

Street means a facility, either public or private, which affords the primary access to abutting property and is intended for general traffic circulation. A street includes the entire area between street lines (right-of-way line).

Street frontage means the width of a lot or parcel of land fronting upon a street.

Street line means the line between the street and abutting property. A street line is also referred to as a right-of-way line. (See section 34-896.)

Structural alterations means any change, except the repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders or the rearrangement of any interior partitions affecting more than five percent of the floor area of a building.

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

Structure, principal, means a building or structure in which is conducted the main or principal use of the lot on which said building is situated.

Subdivision/simple lot split. A subdivision shall be defined as stated in the town's subdivision regulations, which serve as an extension of this chapter; in supplementation to said regulations, a simple lot split (de minimus development) shall be considered the division/reconfiguration of a parcel of land, whether improved or unimproved, into three or less contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel contained in the plat of such subdivision, for the purpose, whether immediate or future, of transfer of ownership. In addition, if not defined in article IV of this chapter, any subdivision or simple lot split shall conform and be required to follow specified procedures and processes as outlined in the town's subdivision regulations.

Swimming pools means any pool which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading and which is capable of containing water to a depth greater than 24 inches, and all accessory buildings, equipment, and appurtenances thereto.

Temporary labor office means an office which provides on a fee basis the services of generally unskilled or semiskilled laborers on a daily or short-term basis. Temporary labor offices are prohibited in all zoning districts within the town as such uses are not deemed to be acceptable business or professional offices, which are permitted within certain zoning districts in the town.

Tenant. See Occupant.

Tip-outs means the sliding portion of the recreational vehicle (RV) which extends beyond the typical eight- to 8.5-foot RV width.

Total floor area. See Floor area, total.

Tower means an open air or enclosed structural feature which is an integral part of the principal structure, and whose floor area, from outside wall to outside wall, is limited in size. Such structural feature is intended to provide additional scenic view opportunities.

Tower, proportional, means the height of the eave of the tower structure, or roof deck, if applicable, shall be no higher than 1.5 times the height of the eave of the principal structure. The roof of the tower may extend above this limit. As an example, if the height of an eave for a two-story principal building is at 18 feet, then the height of the tower eave or roof deck shall be no higher than 27 feet (18 × 1.5 = 27) above the average existing grade or crown of the road, whichever is applicable. The roof of the tower may extend above this limit.

Transient residential facility means any building, or part thereof, in which the right of use or occupancy of any unit circulates among various occupants for specific periods of time less than a full year during any given year, but not necessarily for consecutive years, in accordance with a fixed time schedule on a periodically recurring basis extending for more than one year. Such accommodations may not include any meals except for breakfast, and the total number of sleeping rooms in any one transient residential facility, not including the owner or operators, shall not exceed 15. The determination that a building, or part thereof, is a transient residential facility shall be made without regard to the form of ownership of the property or units therein, and it shall be immaterial whether the right of use or occupancy is derived from a leasehold or fee interest. Transient residential facilities are permitted only in the commercial general (CG), medical commercial (MC) and residential transient and multiple-family moderate density (RMT) zoning districts.

Tree means a woody plant having a height of not less than 12 feet and a canopy spread of not less than six feet measured at three radius points from the trunk, and a clear trunk of not less than four feet at the time of planting.

Use means the purpose for which land or water or a structure thereon is designed, arranged, or intended to be occupied or utilized or for which it is occupied or maintained. The use of land or water in the various zoning districts is governed by this chapter.

Utility trailer means a trailer used to haul and carry anything other than a boat.

Variance means a relaxation of the terms of this chapter where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship on the land. As used in this chapter, a variance is authorized only for height, area, and size of structure or size of yards, parking requirements and other area requirements and open spaces. Establishment or expansion of a use or density otherwise prohibited or not permitted shall not be allowed by variance.

Vehicle means as defined by F.S. ch. 316.

Vehicle repair facility means a retail establishment where vehicle minor and/or vehicle major repairs are rendered.

Vehicle minor repair means installation of auto parts such as tires, batteries and similar items (e.g., brakes, mufflers, etc.) and provision of routine services such as tune-ups and lubrication, etc.

Vehicle major repair means body repair, painting, engine or transmission removal, valve and cylinder work, etc. Vehicle major repair facilities are prohibited in all zoning districts within the town as such uses are not deemed to be acceptable retail establishments, which are permitted within certain zoning districts in the town.

Viewing platform means a raised wooden deck area which may include railings, benches, and a roofed structure (e.g., tiki hut).

Vines means plants which normally require support to reach mature form.

Walkway means a surface adjacent to a building which is intended to be used by pedestrians.

Yard means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure except roof overhang, from 30 inches above the general ground level of the graded lot upward, except as otherwise provided herein; provided, however, that fences, walls, vegetation, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. The term "court" means an uncovered open space enclosed on two or more sides by external walls of a building.

Yard, front, means a yard adjacent to a street and extending across the entire front of the lot to the face of the building wall closest to the front property line or the required front yard setback, whichever is greater. Through lots extending through blocks in such a way as to have frontage on two public or private streets shall provide front yards adjacent to each street. The depth of required front yards shall be 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 yard extending between required side yards at the rear of the lot. In the case of lots having more than one front yard, remaining yards shall be considered side yards. Depth of a required rear yard shall be measured so that the yard established is a strip of the minimum depth required with its inner edge parallel to the rear lot line.

Yard, side, means a yard extending from the rear line of a required front yard to the opposite property line, or in cases where more than one front yard is required, as on a through lot, to the rear line of the second front yard. In the case of corner lots, all yards adjacent to streets shall be considered front yards. Width of a required side yard shall be measured so that the yard established is a strip of the minimum depth required with its inner edge parallel to the side lot line.

(Ord. No. 207, §§ 2.00—2.185, 8-8-1979; Ord. No. 355, 3-15-1989; Ord. No. 374, 11-15-1989; Ord. No. 383, 2-21-1990; Ord. No. 389, 5-16-1990; Ord. No. 393, 5-16-1990; Ord. No. 421, 2-19-1992; Ord. No. 434, 12-16-1992; Ord. No. 450, 5-11-1994; Ord. No. 454, 11-16-1994; Ord. No. 469, 5-10-1995; Ord. No. 485, 9-4-1996; Ord. No. 487, 9-18-1996; Ord. No. 527, 11-15-2000; Ord. No. 538, 4-25-2001; Ord. No. 581, § 2(exh. A), 8-24-2005; Ord. No. 646, § 2, 4-13-2011; Ord. No. 668, § 2, 5-28-2014; Ord. No. 677, § 2, 11-18-2014; Ord. No. 689, § 2, 1-25-2017; Ord. No. 701, § 2, 10-25-2017; Ord. No. 705, § 2, 9-12-2018; Ord. No. 709, § 2, 2-27-2019; Ord. No. 711, § 2, 9-11-2019; Ord. No. 740, § 2, 4-28-2021; Ord. No. 763, § 2, 7-26-2023; Ord. No. 787, § 2, 7-24-2024)