All words used in the present tense shall include the future tense; all words used in the plural number shall include the singular number unless the natural construction indicates otherwise; the words "used for" shall include the meaning "designed for"; the word "structure" shall include the word "building"; the word "lot" shall include the words "plot" and "tract"; and the word "shall" is mandatory.

For purposes of this chapter, the following terms or words shall be used in the interpretation of the purpose and intent herein. In addition, definitions related to land development, subdivision and platting are listed in Chapter 17.5, Article XII, Appendix 13.

Accessory building or structure: A detached, subordinate building, the use of which is clearly incidental and related to that of the principal building or use of the land and which is located on the same lot as that of the principal building or use.

Accessory use: A use that is customarily incidental to the principal use and so necessary or commonly to be expected that it cannot be supposed by these regulations intended to prevent it. Accessory uses, unless otherwise provided, shall be located on the same premises as the principal use.

Automotive service stations: The use of a building or other structure, on a lot or parcel of land which includes any retail sale of gasoline or other motor fuels, or accessory uses such as the sale of lubricants, accessories or supplies, the lubrication of motor vehicles, or the minor adjustment or repair of motor vehicles (see definition of "minor repairs"). No vehicles shall be stored nor major repairs done on the premises. A public parking lot or public parking garage shall not be a permitted accessory use to an automotive service station. The sale of new or used vehicles of any kind is prohibited.

Bars and lounges: A bar or lounge is any establishment that serves alcoholic beverages for consumption on the premises, which does not receive at least one-half (½) of its gross proceeds from the sale of food and does not provide live entertainment.

Bathroom: An area of dwelling unit where a water closet, a sink and either a tub or shower are located.

Bicycle: Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than twenty (20) miles per hour on level ground upon which any person may ride, having two (2) tandem wheels, and including any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels.

Boarding and/or rooming house: A building other than hotel or motel in which lodging and meals are served for compensation. Not permitted in any zoning district within the Town.

Boatel: A marina or dockage offering onshore overnight accommodation.

Build to Line: The line at which construction of a building is required to occur on a lot. A build to line runs parallel to the front property line and is established to create an even building facade line on a street.

Building: Any structure constructed or built for the support, enclosure, shelter or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything having a permanent location on the ground and shall include, but not be limited to, such structures as homes, hotels, motels, apartments, stores, service stations, radio towers [and] billboards.

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

Building, principal: A building in which is conducted the main or principal use of the lot on which such building is situated.

Building setback line: A line delineating the minimum allowable distance between the property line and the building.

Building site: A portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or group of buildings that are united by common interest or use, and the customary accessories and open spaces belonging to the same.

Bulk storage, sale or distribution: The receiving, transfer, or storage of unpacked goods or materials at a premise, or the subsequent sale or transfer of such goods or materials from the premises in a packaged or unpackaged form. Also, the storage, receiving or transfer of goods, commodities, or materials in units which are larger than the units which are typically distributed or sold. Where bulk storage is not permitted, all goods, commodities or materials shall be prepackaged when received at the premises and shall be stored, sold and distributed in the same form, quantity and units as when received at the premises.

Call center: An establishment primarily engaged in providing customer service, support, or information in a centralized office environment, and whose typical activities included receiving (inbound) or transmitting (outbound) telephone calls, facsimiles, or internet communications (e.g., live chat, instant messaging, email). The use is often integrated into a campus style development and/or not frequented by the general public.

Car wash (automatic or self-service): A building or area which provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower or other mechanical devices, and which may employ some hand labor.

Carport: A roofed area open on one (1), two (2), or three (3) sides and attached to the main building, for the storage of one (1) or more vehicles.

Ceiling height: Ceiling height is the height at which the lowest portion of the finished interior ceiling intersects a vertical wall. For vaulted ceilings ceiling height shall be determined by taking the average between the highest point of the interior ceiling and the lowest point at which the interior ceiling intersects a vertical wall.

Certificate of occupancy: A statement signed by the Town building official setting forth that a building or structure legally compiles with the Town of Lantana building and zoning codes and that the same may be used for the purposes stated therein.

Change of use: Any use that substantially differs from the previous use of a building or land. A change of use shall be assumed to trigger the requirement that the building or land must meet current building, zoning and other applicable codes and regulations.

Clinic: A facility providing health care services to the public by physicians, dentists, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists (who are also known as health care practitioners), or others who are duly licensed to practice their respective medical or dental profession in the State of Florida, as well as others, including, but not limited to, technicians and assistants who are acting under the supervision and control of a licensed health care practitioner. Clinics are Professional service/Professional business uses.

Club: Buildings and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for a profit or to render a service which is customarily carried on as a business.

Comprehensive development plan: The official public documents adopted by the Town of Lantana as a policy guide to present and future land use decisions.

Council: That the term "council" as used herein refers to and shall mean the council of the Town of Lantana which is the governing body of the municipality.

Daycare center: An establishment which provides daytime care, with or without compensation, for six (6) or more children or adults at any one (1) time, including children of the supervisor.

Density: An existing or proposed relationship between numbers of dwelling units and the land area.

Developer: Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect the subdivision of land in the Town. Inasmuch as the subdivision plat is merely a necessary means to the end of assuring a satisfactory development under the terms of this chapter, the term "developer" is intended to include the term "subdivider," even though the persons involved in successive stages of the project may vary.

Development services director: The director of the Town of Lantana Development Services Department or designee.

District: Any certain described area of the Town of Lantana to which these regulations apply and within which the zoning regulations are uniform.

Driveway: The paved area between a public street and private property intended to provide ingress and egress for vehicular traffic from the public street or thoroughfare to a definite area of private property.

Dwelling unit: Two (2) or more rooms physically arranged so as to create an independent housekeeping residence for occupancy by one (1) family only. Such unit must have separate toilet(s) and sleeping facilities and is allowed only one (1) kitchen facility per unit. All dwelling units, regardless of the nature or composition of the family's occupants, are subject to the maximum occupancy restrictions set forth at section 23-148.

(1)

Single-family dwelling: A building containing only one (1) single-family dwelling unit.

(2)

Duplex dwelling: A building containing two (2) dwelling units.

(3)

Multiple-family dwelling: A building designed for occupancy by three (3) or more families living independently of each other and containing three (3) or more dwelling units.

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

Electric personal assistive mobility device: Any self-balancing, two (2) non-tandem wheeled device, designed to transport only one (1) person, with an electric propulsion system with average power of seven hundred fifty (750) watts (one (1) horsepower), the maximum speed of which, on a paved level surface when powered solely by such a propulsion system while being ridden by an operator who weighs one hundred seventy (170) pounds, is less than twenty (20) miles per hour.

Family: One (1) or more persons who occupy a single dwelling unit and have chosen to reside as a member or members of a common household. The term "family" does not include the occupants of a "Hotel", "Motel", or any other living arrangements within a building or facility which is being utilized for the transient occupancy of its inhabitants.

Financial institution: A financial institution includes any person doing business in one (1) or more of the following capacities:

(1)

Bank (except bank credit card systems);

(2)

Broker or dealer in securities;

(3)

Money services business;

(4)

Telegraph company;

(5)

A person subject to supervision by any state or federal bank supervisory authority.

Floating structure: A floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water, but which serves purposes or provides services typically associated with a building or structure, accessory or otherwise, or other improvement to real property. The term includes, but is not limited to, a structure used as a residence or for accessory use to a residence, place of business or office with public access; a hotel or motel; a restaurant or lounge; a clubhouse; a meeting facility; a storage or parking facility; or a mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure.

Floor area, minimum: The area of the floor or floors measured from the centerline of the exterior walls to the centerline of the dividing walls and also including any area designated and approved for outdoor dining per section 23-135.

The area for garages, roofed-over screened porches and utility rooms shall be credited for fifty (50) percent of floor area. Open porches and carports shall be credited within twenty-five (25) percent of the floor area. Accessory buildings shall not count as floor area if not accessible from the interior of the building. Not more than ten (10) percent of any minimum floor area shall be credited to screened-in porches or breezeways.

Floor area ratio (FAR): The ratio of the total square footage of gross building floor area allowed on a lot or parcel divided by the total square footage of land area comprising the lot or parcel (e.g. an FAR of 1.0 applied to a ten thousand (10,000) square foot lot would yield a ten thousand (10,000) square foot building.) In mixed-use districts, the FAR computations shall apply to non-residential floor area. The following structures shall NOT be included as part of the total floor area for purposes of computing FAR, but shall be considered as part of the building for determination of the building height and the number of stories: parking facilities; building mechanical space; space devoted to vertical conveyance (stairs, elevators, etc.); and open air public or private space (balconies, terraces, etc.). The maximum FAR will also be constrained by other land use development criteria set forth in these development regulations, including but not limited to: lot coverage; allowable building height; landscaping and parking requirements; and concurrency management

Gross floor area: The total floor area of a building or a use occupying part of a building, measured from centerlines or partitions and exterior of outside walls. Gross floor area shall include all floor area occupied by the main or principal use, plus floor area occupied by accessory uses, offices, lounges, restrooms, lobbies, basements, mezzanines and hallways; notwithstanding the above, this shall include any area designated and approved for outdoor dining per section 23-135.

Heliport: Any landing area used for the taking off and landing of private helicopters for the purpose of picking up and discharging of passengers and cargo. This facility does not include operation facilities, such as maintenance, fueling, service, storage, tie-down areas, hangars or terminals.

Home-based businesses: A business is considered a home-based business if it operates, in whole or in part, from a residential property and meets the criteria of F.S. § 559.955(3), as may be amended from time to time.

Hotel: Any public lodging establishment containing sleeping room accommodations for twenty-five (25) or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or, by the industry, is a hotel.

Houseboat: A vessel that is used primarily as a residence for at least twenty-one (21) days during any thirty-day period if such residential use of the vessel is to the preclusion of its use as a means of transportation.

Impervious area: All areas covered by buildings, pavement, gravel, rooftops of stored merchandise i.e.: cars and manufactured housing displays, even if located on grass surfaces. A surface that has been compacted or covered with a layer of material so that it is highly resistant or prevents infiltration by stormwater. It includes roofed areas and surfaces such as compacted sand, lime rock, or clay, as well as conventionally surfaced streets, sidewalks, parking lots, and other similar surfaces.

Indoor entertainment/recreation: A commercial recreational land use contained entirely within a building, including game arcade, arena, art gallery and studio, art center, assembly hall, athletic and health clubs, auditorium, bowling alley, exhibit hall, museum, movie theater, pool or billiard hall, tennis court, and the like, provided that only one such facility shall be permitted in any shopping center,

Kitchen: An area of a dwelling unit primarily devoted to the storage and preparation of food.

Laundry and dry cleaning establishments, self-service laundries (including coin-operated laundry machines): A business that provides washing, drying, dry cleaning and/or ironing machines for hire to be used by customers on the premises or commercial laundry and dry cleaning establishments.

Legal access: A dedicated and recorded right-of-way or easement, excluding utility or drainage easements, affording perpetual ingress and egress from a subject property to a public thoroughfare.

Limited access: A strip of land or highway or freeway which does not permit access except at authorized and controlled points.

Live-aboard: A vessel:

(1)

Used solely as a residence and not for navigation; or

(2)

For which a declaration of domicile has been filed pursuant to F.S. § 222.17; or

(3)

A vessel used as a residence that does not have an effective means of propulsion for safe navigation.

Loading space: Accommodations off the street for loading onto and unloading from trucks, in the form of one (1) or more truck berths located either within a building or in an open area on the same lot.

Lot is either:

(1)

A platted lot as recorded with the clerk of the circuit court of Palm Beach County; or

(2)

A tract of land which, at the time of filing for a building permit, is designated by its owner or developer as a tract, all of which is to be used, developed, or built upon as a unit under one (1) ownership.

Lot area: The total area included within lot lines.

Lot, corner: Either a lot bounded entirely by streets, or a lot which adjoins the point of intersection of two (2) or more streets.

Lot coverage: That portion of the area of a lot, expressed as a percentage, occupied by all buildings or structures which are roofed or otherwise covered and that extend more than three (3) feet above the surface around level.

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

Lot frontage: The property line adjacent to the public or private street; it is also the front property line.

Lot, interior: Any lot that is neither a corner lot nor a through lot.

Lot, through (double frontage): Any lot, not a corner lot, having both the front and the rear property lines adjacent to a public street.

Lot, width: The distance between the side lot lines measured at right angles to the lot depth at midpoint of the shortest side property line between the front and rear property lines.

Manufacturing: Establishments engaged in the mechanical or chemical transformation of materials and substances into new products, including the assembling of component parts, the creation of products and the blending of materials, such as lubricating oils, plastics, resins or liquors. This use includes the accessory on-site storage of materials and substances for use only by the primary establishment.

Marijuana: All parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or seed or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by an eligible patient, as defined in F.S. § 499.0295. Marijuana includes any strain of marijuana or cannabis, in any form, that is authorized by State law to be dispensed or sold in the State of Florida. Also referred to as "medical marijuana."

Marina: A facility designed to provide a variety of accommodations and services for local or transient boaters, such as fueling, dockage, retail sales of marine supplies, equipment, boats, motors, trailers, wet or dry storage, hauling and/or making repairs. Where possible, all repairs, especially major repairs, will be accomplished with an enclosed or three-quarter enclosed building.

Mechanical equipment includes but is not limited to air conditioning compressors and condensers, heating-ventilation equipment, electrical transformers, and pool or spa equipment, ground-mounted, roof-mounted or on pads.

Medical Marijuana Treatment Center-Dispensing Facility (MMTC-DF): A retail establishment, licensed by the Florida Department of Health as a "medical marijuana treatment center dispensing facility," established by a licensed "medical marijuana treatment center," "dispensing organization," "dispensing organization facility," or similar use, that sells and dispenses marijuana, products containing marijuana, or related supplies, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies, and does not allow on-site consumption of marijuana or marijuana products.

Micromobility device: Any motorized transportation device made available for private use by reservation through an online application, website, or software for point-to-point trips and which is not capable of traveling at a speed greater than twenty (20) miles per hour on level ground. This term includes motorized scooters and bicycles as defined herein.

Mobile home: A manufactured detached, transportable single-family dwelling unit designed for long-term occupancy and arriving at the site where it is to be occupied as a complete dwelling unit, containing all conveniences and facilities, with plumbing and electrical connections provided for attachment to approved utility systems. To retain mobility, undercarriage and axles must remain attached to the unit.

Mobile home park: A subdivision of land intended for the placement of mobile homes.

Moped: Any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels, with a motor rated not in excess of two (2) brake horsepower and not capable of propelling the vehicle at a speed greater than thirty (30) miles per hour on level ground and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged.

Motel: (Motor hotel, motor court, tourist court, motor lodge, etc.) Any public lodging establishment which offers rental units easily accessible to guests with an exit to the outside of each rental unit, daily or weekly rates, off-street parking for each unit, a central office on the property with specified hours of operation, a bath or connecting bath for each rental unit, and at least six (6) rental units, recognized as a motel in the community in which it is situated and, by the industry, is a motel.

Motorized scooter: Any vehicle or micromobility device that is powered by a motor with or without a seat or saddle for the use of the rider, which is designed to travel on not more than three (3) wheels, and which is not capable of propelling the vehicle at a speed greater than twenty (20) miles per hour on level ground.

Nightclub: A nightclub is any establishment that serves alcoholic beverages for consumption on the premises that also provides live entertainment for patrons, including, but not limited to, music.

Nursery school and/or preschool facilities: A supervised training center for children, having a formalized curriculum.

On-premises: At the place of business of a particular use, included the entire lot of parcel, and any structure thereon, as opposed to on the customer's premises.

Parking, garage: A building or other structure which provides parking or storage for motor vehicles.

Parking lot: Any outdoor, partially enclosed or enclosed space, plot, yard or any portion thereof upon which two (2) or more parking stalls are constructed.

Parking space: A hard-surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile in accordance with the requirements of section 23-131.

Pharmacy: An establishment primarily engaged in retailing a variety of prescription and non-prescription drugs and medicines, and medical and surgical supplies. This use can also include retail.

Planning Commission: The planning board appointed by the Town Council which also serves as the Zoning Board of Appeals and the Local Planning Agency per F.S. ch. 163.

Private community antenna system: A system of equipment designed to receive and distribute television and radio signals serving a minimum of ten (10) residential units in a condominium or nonprofit homeowners' association.

Public utility: The term "public utility" as used herein means and includes every person, corporation, partnership or association or other legal entity, their lessees, trustees or receivers now or hereafter, either owning, operating, managing or controlling a system or proposing construction of a system that is providing or proposes to provide water or sewer service, electricity, natural or manufactured gas, or any similar gaseous substance, cable TV, telephone or telegraph service to the public for compensation.

Restaurant: A commercial use containing all necessary equipment and supplies for serving full-course meals on a regular basis; however, any restaurant granted an alcoholic beverage license must receive at least one-half (½) of its gross proceeds from the sale of food and not alcoholic beverages. Additionally, no restaurant shall be permitted to sell alcohol beverages for off-premises consumption or to operate a package store at the same location.

Retail: The sale of goods to household consumers. For the purposes of these regulations, a retail establishment shall be defined as an establishment where not less than fifty (50) percent of the value of goods sold on or from the premises are sold to household consumers.

Rezoning: The legal process by which changes are made to the boundary or boundaries of a zoning districts or where a new boundary or boundaries are established for a zoning district(s). This process is known herein as a district boundary change.

Right-of-way: A strip of land dedicated or deeded to the perpetual use of the public.

Rooming unit: Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not including a kitchen.

School charter or private: An educational institution, licensed by the state, and operated by any person, agency or organization other than a school district, the state university system or the Florida Department of Education, excluding child or adult day care centers.

School public: An educational institution, licensed by the state, and operated by a school district, the state university system or the Florida Department of Education, excluding child day care centers.

Self-storage facility: See Warehouse, Self-storage.

Setback: A line running a certain distance back from and parallel to the base, front, side or rear property line which provides the separation wherein no building, structure or portion thereof shall be permitted, erected, constructed or placed unless specifically permitted by this Code.

Shopping center: A group of retail commercial and/or service, establishments planned, developed, managed and operated as a unit.

Sidewalk: A strip of land within a street right-of-way designated for pedestrian traffic. Sidewalks shall be constructed along the right-of-way boundary line of a street, within the swale area, as defined in section 17-31, Lantana Code of Ordinances. Sidewalks shall be constructed a minimum of four (4) feet in width, excluding curbs, and a minimum of four (4) inches in thickness, except the thickness shall be a minimum of six (6) inches across driveways. Sidewalks shall be constructed of concrete with a minimum twenty-eight-day compressive strength of two thousand five hundred (2,500) pounds per square inch and placed on a compacted subgrade. Sidewalks shall be marked or grooved every five (5) feet and shall have expansion joints (minimum of one-half (½) inch in width) placed every fifty (50) feet and at driveway. The elevation of the sidewalk at the street right-of-way line shall be the same as the centerline of the pavement elevation of the street or as otherwise approved by the building official. The sidewalk shall slope at one-quarter (¼) inch per foot from the elevation of the street right-of-way line toward the roadway.

Sight triangle or clear vision triangle: The triangular area designated to be kept clear for visibility from automobiles which is formed by a diagonal line connecting two points on the street right-of-way lines located twenty-five (25) feet from the intersection of street right-of-way lines or a right-of-way line and the edge of a driveway and from two (2) feet above the ground to nine (9) feet above the ground. No visual obstructions, such as landscaping or signage (except for traffic control signs installed by the Town or other governmental agency) shall encroach in this area.

Solar energy system, small scale: A solar energy system, typically installed on a roof and no larger than approximately one thousand seven hundred fifty (1,750) square feet in size, the legally permitted use of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating for the use or benefit of the primary use onsite. The solar energy system should be sized such that the energy produced is reasonably equivalent to the onsite use or less; any selling of excess energy is incidental and in accordance with state law and utility net metering policy.

Solar energy system, large scale: A solar energy system, typically larger than one thousand seven hundred fifty (1,750) square feet in size and can be freestanding or roof mounted, the legally permitted use of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating for use primarily offsite. If system is roof mounted, it is subject to the following additional requirements:

(1)

System permitted up to one hundred (100) kW.

(2)

System size permitted up to seven thousand (7,000) square feet.

(3)

No visibility from street.

(4)

Any racking or equipment shall not exceed thirty (30) inches from roof deck.

(5)

Installation shall meet the current National Electrical Code.

(6)

Installation shall meet the setback requirements of the zoning district.

(7)

Installation receives final permission to operate from utility service provider (FPL).

(8)

Applicant shall provide a copy of FPL-PTO to Town of Lantana.

Storage; open: The safekeeping of any goods or products in an unoccupied space open to the sky for eventual removal not expected within seventy-two (72) hours or for continuous replacement by same or similar goods or products. Allowed only as an accessory to a primary use.

Swimming pool: Any confined body of water, located either above or below the existing finished level of the site, exceeding two (2) feet in depth, designed, used or intended to be used for swimming or recreational purposes.

Town: The municipality known as Lantana.

Town engineer: The consulting engineer appointed by the Town Council to conduct official engineering business on behalf of the Town of Lantana, or the professional engineer in the employ of the Town of Lantana in the capacity of town engineer.

Town manager: The Chief Executive Officer of the Town of Lantana, appointed by the Town Council, or his duly authorized representative.

Town planner: The consulting planner appointed by the Town Council to conduct official planning business on behalf of the Town of Lantana, or the professional planner in the employ of the Town of Lantana in the capacity of the Town Planner.

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

Use, principal: The primary purpose for which land or a building is used as permitted by the applicable zoning district.

Vehicle sales and/or repair: Vehicle sales and/or repair is any establishment that sells vehicles and/or performs basic repairs/maintenance, such as oil changes, tire change/repair, basic suspension work, brake servicing, minor engine repair and the like. Major engine/transmission repair and/or overhaul and auto body repair are not included.

Warehouse: A building used primarily for the storage of goods and materials.

Warehouse, Self-Storage: A structure containing separate, individual and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time. The spaces shall be used only for dead storage; no retail, wholesale, commercial or industrial use shall be permitted, although the spaces may be used by such businesses only for the storage of goods and materials. No flammable or hazardous materials, chemicals or explosives shall be allowed.

Wholesale: Sale or distribution of goods, commodities, or materials to customers or users other than household consumers. For the purposes of these regulations, a wholesale establishment shall be defined as an establishment where more than fifty (50) percent of the value of goods sold on or from the premises are sold at wholesale prices to customers or uses other than household customers.

Work: Includes all required construction as shown on approved plan and specifications for all facilities and features of any kind which are required, related to the process of subdivision of land under this chapter.

Yard, rear: A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main structure or any projections thereof, other than projections of uncovered steps. On all lots, the rear yard shall be in the rear of the front yard.

Yard, side: A yard between any structure and the side line of the lot, extending from the required front yard to the required rear yard, and on inside lots being the minimum horizontal distance between a side lot line and the side of the structure of any projections thereto, and on the side of a corner lot being the minimum horizontal distance between the street line and any structure or any projections thereof, other than the projections of uncovered steps.

Zoning code: This set of regulations, together with the official zoning map with explanatory matter thereon, shall be known, used and may be cited as the zoning code of the Town of Lantana.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-10-2014, § 2, 9-22-14; Ord. No. O-13-2017, § 1, 11-27-17; Ord. No. O-14-2017, § 1, 12-11-17; Ord. No. O-06-2019, § 1, 3-11-19; Ord. No. O-13-2019, § 1, 5-13-19; Ord. No. O-17-2019, § 1, 11-25-19; Ord. No. O-04-2020, § 1, 3-23-20; Ord. No. O-14-2021, § 1, 2-14-22; Ord. No. O-02-2023, § 1, 6-12-23; Ord. No. O-05-2023, § 1, 7-24-23; Ord. No. O-13-2023, § 1, 12-11-23)

(a)

Scope. This zoning regulation is a comprehensive zoning regulation for the Town; dividing the Town into districts and establishing the boundaries thereof; regulating and restricting the erection, construction, reconstruction, alteration, repair, or use of buildings, structures on land or water; regulating and restricting the height, number of stories, and size of buildings, and other structures; regulating and restricting the percentage of lots that may be occupied; regulating and restricting the size of yards, courts and other open spaces; regulating and restricting the density of population; regulating and restricting the location and/or use of buildings, structures and land and water for commercial trade, residence, and other purposes; defining certain terms herein used; providing for the administration, enforcement and amendment of this regulation; establishing and defining the powers and duty of the Town Planning Commission, the zoning board of appeals, and other land development boards and agencies; setting penalties for violation of this zoning regulation and authorizing resort to other remedies to prevent or abate the violation; providing that this zoning regulation shall supersede any previous zoning ordinance or resolution.

(b)

Official zoning map.

(1)

Adoption changes. The district boundaries hereinafter set forth and delineated on the official zoning map, including all explanatory matter thereon, is hereby adopted. The official zoning map shall be identified by the signature of the Mayor, attested by the Town clerk, and bearing the seal of the Town under the following words:

"This is to certify that this is the official zoning map referred to in section 23-2(b)(1) of Chapter 23, of the Town Code of Lantana, Florida, 1987, adopted the ________ day of ________, ___."

If, in accordance with the provisions of this chapter and applicable statutes, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the Town Council, together with an entry on the official zoning map as follows:

"On the ________ day of ________, 20___, by official action of the Town Council, the following change(s) was made in the official zoning map; which entry shall be signed by the Mayor and attested by the Town clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map. No amendment to this chapter which involves matter portrayed on the official zoning map shall become effective until after such change and entry has been made on said map. No changes of any nature shall be made on the official zoning map or matters shown thereon except in conformity with the procedures set forth in this chapter. The official zoning map shall be located in the office of the Town clerk and shall be the final authority as the current zoning status of land and water areas, building and other structures in the Town, regardless of the existence of purported copies of same.

(2)

Replacement. In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Town Council may, by ordinance, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map shall be identified by the signature of the Mayor, attested by the Town clerk, and bearing the seal of the Town under the following words:

"This is a replacement of the official zoning map adopted the ___ day of ________, ___, as amended. This replacement official zoning map was adopted this ________ day of ________, ___, by Ordinance No.___."

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10; Ord. No. O-06-2019, § 2, 3-11-19)

The town is hereby divided into zoning districts as follows and is delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations:

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

In accordance with the provisions of these official zoning regulations, applicable provisions of the Charter of the Town and applicable provisions of F.S. ch. 163, changes may be made in the district boundaries or other matter portrayed on the official zoning map by action of the Town Council. Within thirty (30) days after passage and the receipt of a properly attested copy of the change or an amendment by ordinance, the Town clerk shall make the proper change on the official zoning map and shall keep on file the copy of the change and make the same available for reference for the general public.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

(a)

Extent of district boundaries. The zoning within any district extends throughout the entire area of the district unless otherwise specifically provided.

(b)

Boundary locations. District boundaries follow lot lines, center lines of rights-of-way of streets, alleys, railroads, canals, lakes, the corporate limits as they exist at the time of this document, or other geographical or topographical features. In unsubdivided property, unless dimensioned, lines shall be determined by use of the scale on the map.

(c)

Boundaries following waterway shore lines. District boundaries will follow changes in shore lines, except where such interpretation would change the zoning classification of a lot or parcel, and in each case, the interpretation shall avoid changing the zoning of any lot or parcel. Submerged lands shall assume the regulation of the district adjacent, as the district shall be construed to extend into the water area in a straight projection until met centerwise by other districts.

(d)

Boundaries and zoning. Boundaries and zoning of all lands annexed into the Town shall be determined at the time of annexation.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

(a)

General Consistency Required; Effect. All development within the Town and all development orders, permits and public action related to such development shall be consistent with the Town's comprehensive development plan, as required by F.S. ch. 163.3194, as amended and/or renumbered from time to time. The effect of the comprehensive plan shall be to ensure that adequate potable water, sanitary sewer, solid waste, stormwater management, park, road, public school facilities, mass transit public facilities, and fire-rescue public facilities are available to accommodate development concurrent with the impact of development on such public facilities, consistent with the LOS standards for those public facilities adopted in the Comprehensive Plan.

(b)

LOS for public schools; exempted development orders. The following definitions of "Level of Service (LOS)" standards and "exempted development orders" shall apply to the review of public school facilities.

LOS for public schools means the following for public school facilities: To ensure the capacity of schools is sufficient to support student growth at the adopted level of services for each year of the five-year planning period and through the long-term planning period for each concurrency service area ("CSA"), the school concurrency agreement established LOS as set forth below. The actual LOS for each type of school in each CSA shall be established each year in each CSA by the first student count of the second semester.

(1)

Tiered levels of service shall be in force pursuant to the Tiered Level of Service Table in the Public School Facilities Element until August 1, 2004. Individual schools of each type may exceed the tiered LOS during the period in which tiered LOS are in effect, provided that the CSA's tiered LOS is not exceeded. However, each individual school's LOS which exceeds the tiered LOS, during the time that the tiered LOS is in effect, shall not exceed the utilization standards for that school type as shown in the maximum utilization table of the public school facilities element. During the time that the tiered level of service standard is in effect, the School District shall initiate necessary program and/or boundary adjustments so that the tiered LOS is not exceeded in each CSA.

(2)

After August 1, 2004, the following LOS standards shall be established for all schools of each type within each CSA and each individual school: a.) 110% of capacity (utilization) as determined by the Florida Inventory of School Houses (FISH); or b.) a higher LOS up to 120% of FISH capacity (utilization/LOS) for individual schools subject to the results of a School Capacity Study (SCS) undertaken by the Technical Advisory Group (TAG), in consultation with all local governments with jurisdiction within the CSA and the School District to determine if a particular school can operate in excess of 110% capacity. The SCS shall be required if a school in the first student count of the second semester reaches 108% or above of FISH capacity, once the level of service above is achieved. If the SCS concludes that the school can operate with the FISH guidelines and not exceed 120% LOS, then that school shall be considered to be operating within the adopted LOS and the CSA LOS shall be amended.

(3)

School concurrency shall be measured and applied on the basis of twenty-one (21) CSAs as described in the Public School Facilities Element. In determining whether capacity is available, the School District shall consider any new capacity which will be in place or under actual construction in the first three (3) years of the School District Five-Year Capital Facilities Plan. In determining whether capacity is available, the School District shall consider adjacent CSA capacity as specified in the School Concurrency Agreement.

(4)

These standards shall not apply to proposed new residential development until the commencement of the School Concurrency Program as specified in Article V, Section A of the Agreement.

(c)

Exempted Development Orders. The following applications for development orders are exempted from the LOS for public school facilities:

(1)

In the event termination or suspension of the School Concurrency Program occurs as set forth in the School Concurrency Agreement.

(2)

Single-family lots of record, existing as such at the time this Ordinance is adopted.

(3)

Any residential development that received final approval of a site-specific development order prior to the commencement of the School Concurrency Program, as specified in Article V, Section A of the School Concurrency Agreement, or is exempt from concurrency under a local government's concurrency regulations is considered vested for that which was previously approved and shall not be considered as proposed new residential development for purposes of school concurrency. Any residential development which is exempt from school concurrency under the Town's concurrency regulations shall not be considered as new residential development for purposes of school concurrency.

(4)

Any new residential development that has filed a complete application for a site specific development order, or any amendment to any previously approved development order pending prior to the commencement of the School Concurrency Program, as specified in Article V, Section A of the School Concurrency Agreement.

(5)

Any residential development which is restricted to elderly and meets the requirements under the Federal Fair Housing Act to be designated as an adults-only community.

(6)

Any amendment to any previously approved residential development which does not increase the density of the development.

(7)

Any previously approved residential development or any other previously approved development with a residential component located within any existing "Transportation Concurrency Exception Area," as defined in F.S. § 163.3180(5).

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

Cross reference— Comprehensive development plan adopted, § 23-7.

The Town Council hereby adopts the Town of Lantana, Florida, Comprehensive Development Plan dated, June 8, 2009 which is attached to Ordinance O-1-2009 for reference and made a part thereof as if fully set forth therein. A copy of this plan is on file in the Town Clerk's office.

(Ord. No. O-08-2010, § 1(Exh. A), 7-12-10)

Cross reference— Beaches, boats and waterways, Ch. 5; buildings and building regulations, Ch. 6; lots and land clearing, § 12-31 et seq.; subdivision and platting regulations, Ch. 17.5; traffic and motor vehicles, Ch. 19; trailers and trailer camps, Ch. 20; utilities, Ch. 21; consistency with comprehensive development plan required, § 23-6; comprehensive development plan amendment, § 23-43(b)(4); planning commission, § 23-60 et seq.

State Law reference— Municipalities to draft and adopt comprehensive development plans, F.S. § 163.3184 et seq.