(A)

The purpose of this Code is to protect and preserve the high quality of living; the agricultural and rural residential character; and, the public health, safety and general welfare of the community through regulations that implement the Comprehensive Plan; and control the subdivision, use and development of land, including the use of land, buildings, structures, and other improvements thereon; protect the overall appearance of the community, and ensure the availability of public facilities and services concurrent with demand.

(B)

In order to effectively protect and promote the general welfare and to accomplish the goals, objectives and policies of the Comprehensive Plan, the Town is divided into zoning districts of such number, shape and area, and of such common unity of purpose and use, that are deemed most suitable to provide for the best general civic use, to protect the agricultural and rural residential character of the Town, to protect the common rights and interests of all, and to promote compatibility between land uses.

This Code shall be known and cited as the Town of Loxahatchee Groves Unified Land Development Code (ULDC).

(A)

The Town Manager and Town Council, as applicable, shall designate Town personnel and contractual agents of the Town, who shall have the authority to enforce the provisions of the ULDC.

(B)

Where it is found that any of the provisions of the ULDC are being violated, enforcement proceedings may be initiated against the real property owner, the tenant if applicable, and any other person violating the provisions of the ULDC as provided in the Town of Loxahatchee Groves Code of Ordinances and as otherwise provided by law. Any enforcement procedure authorized by the Town of Loxahatchee Groves Code of Ordinances, county or state law, may be used to enforce the provisions of the ULDC. It shall be at the discretion of the Town Manager to determine which method of enforcement is appropriate and whether more than one method of enforcement should be brought, as provided by law.

(C)

In addition to enforcement by the Town Manager, the provisions of the ULDC may be enforced by the Town's law enforcement agency, as violations of a Town ordinance and as such shall be punishable as provided by law.

(D)

Further, the Town Council may authorize the Town Attorney to bring legal action in a court of competent jurisdiction.

(E)

Where the ULDC includes regulations on the same point as contained in any other law or ordinance, the provisions of the ULDC shall govern unless otherwise prohibited by law; except that where the regulations of the other law or ordinance are more restrictive than those of the ULDC, the other shall govern.

(A)

The areas assigned to the Town's zoning districts, the designations of same, and the boundaries of said districts shown upon the map adopted with these regulations, which map may be amended from time to time by ordinance, and which is made a part of the ULDC by reference, is hereby established, said map being designated as the "Official Zoning Map;" and said map and the proper notations, references and other information shown thereon shall be as much a part of the ULDC as if the matters and information set forth by said map was fully described herein.

(B)

Each district shall be subject to the regulations stipulated in this Code.

(A)

Unless otherwise shown, the district boundaries are road lines, canals, or the subdividing or boundary lines of recorded plats or lots, or the extensions thereof, and where the districts designated on the Official Zoning Map are approximately bounded by road lines, canals, or the subdividing or boundary lines of recorded plats or lots, such lines or the extension thereof shall be considered to be district boundaries.

(B)

Where the zoning districts shown on the Official Zoning Map are different on opposite sides of a road or canal, then the zoning district on each side shall extend to the center line or midpoint of the road or canal.

(C)

Where, due to the scale or illegibility of the Official Zoning Map, or due to the absence of a road, canal, or recorded subdividing, plat or lot lines, there is any uncertainty, contradiction or conflict as to intended location of any district boundary, the Town Council shall have the power and duty of interpreting the intent of said Official Zoning Map so as to determine and designate the proper location of such district boundary in accordance with the spirit and purpose of the ULDC.

(D)

Districting of vacated roads. Where a road on the Official Zoning Map is hereafter officially vacated by replatting or otherwise, the land formerly in such road shall be included within the zoning district of adjoining property on either side of said vacated road, and the centerline of the vacated road shall be the district boundary.

Any property which has not been placed in a zoning district, or which has not otherwise been zoned, is hereby classified as the most restrictive zoning district classification consistent with the designation of said unzoned lands as indicated on the Future Land Use Plan Map of the Comprehensive Plan.

(A)

Whenever the permitted uses or district regulations applicable to any zoning district permit some uses that are not permitted by the applicable land use plan designation for the property, the provisions of the land use plan shall operate to prohibit those uses on that property as if such restrictions were fully set forth in this ULDC. Where an existing lawful use of land or a building is no longer permitted by the land use plan, such use of land or building shall be considered nonconforming and subject to Article 70, "Nonconforming uses, structures and plots," unless a contrary result is specifically provided for in the land use plan.

(B)

The development of land within the Town shall conform to the adopted Town of Loxahatchee Groves Comprehensive Plan.

(A)

It shall be unlawful to use, erect, move, or otherwise alter a building, structure, or part thereof; or to use, clear, fill, excavate, move, pave, grade, or otherwise alter land or water unless a permit consistent with all applicable provisions of the ULDC shall have been first obtained for such work, with the following exceptions, which will not require a permit:

(1)

Maintenance of existing driveways;

(2)

Removal of invasive exotic trees;

(3)

Filling sinkholes and rebuilding washout areas near drainage structures;

(4)

Excavating to enhance drainage;

(5)

Excavating existing ponds to a depth not to exceed 12 feet solely for the purpose of removing debris and muck.

(B)

Any permit or development order issued pursuant to this section shall be valid for a period of 180 days from the date of issuance unless a different expiration is otherwise provided for within this Code for a specific permit or development order, or by official action of the Town Council. The Town Manager may renew such a permit or development order for one additional six-month period subject to compliance with current requirements of the ULDC in effect at the time of application for renewal. After the date of expiration, the development order shall be null and void. A new development application shall be filed and shall be subject to the current requirements of the ULDC.

(C)

A permit card, a set of approved plans, and a final as-built survey where applicable, shall be available on the site where the construction is occurring at all times a scheduled inspection is being conducted to ensure compliance with such approved plans.

(A)

No development order or permit shall be issued that is not in conformity with all the provisions of the ULDC, the adopted Comprehensive Plan and the Rural Vista Guidelines as adopted by the Town Council, as well as all applicable ordinances and regulations.

(B)

No license, permit or certificate shall be issued by any official or authorized representative of the Town, nor authorized agent for the Town, for the use of any premises or the operation of any business, enterprise, occupation, trade, profession or activity which would involve, in any way, or constitute, a violation of the ULDC, nor shall any license, permit or certificate be issued upon any premises where there is a violation of the ULDC, unless the issuance of such license, permit or certificate is necessary in order to remedy a violation of the ULDC. The Town Manager is authorized to require the execution of an agreement for recording where the Manager deems it necessary for enforcement of these regulations.

(C)

A development order, permit or decision issued by an official or authorized representative of the Town, with authority over the interpretation or enforcement of this Code, shall not stop or otherwise prevent the Town from strict enforcement of the provisions of this Code.

(D)

Any application for a development permit required or authorized under the ULDC shall require an effective development order to be granted by the Town Manager or the Town Council, as applicable, prior to issuance of the development permit. No permit may be issued that is inconsistent with a development order.

( Ord. No. 2017-13 , § 2, 12-5-2017)

All plots shall be maintained in accordance with the approved site plan, building permit plans and any other Town-approved plans unless the Town approves subsequent changes pursuant to the procedures and requirements of the ULDC.

(A)

No development permit shall be issued except pursuant to an effective development order.

(B)

No development permit shall be issued for a development that is inconsistent with the development order governing such development.

For the purpose of enforcing the provisions of the ULDC, officials and inspectors shall have a right of entry as provided by law whenever said officials and inspectors find such entry necessary for the proper discharge of their duties under the ULDC.

Should any article, section, paragraph, sentence, clause, phrase, or other part of the ULDC be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the ULDC as a whole, or any part thereof, other than the part declared to be invalid.

Whenever the public necessity, convenience, general welfare, or good planning and zoning practice requires, the Town Council may, by ordinance, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by the ULDC or amendments hereto. Any amendment to the ULDC shall require a super majority vote of four or more Council members.

The Town Council is hereby authorized and empowered to prescribe the width of roads and other thoroughfares, and setbacks therefrom for those roads under the control of the Town. All plats of lands lying within Town limits shall comply with Town or Loxahatchee Groves Water Control District (LGWCD), as applicable, road width requirements as a prerequisite of the approval for plat recording. The widths of federal, state and county roads shall be as prescribed by the applicable Department of Transportation and Palm Beach County. New development shall be required to dedicate right-of-way or grant ingress and egress easement rights, at the Town's or LGWCD choosing, as applicable, as necessary to satisfy the minimum width requirements of this Code for right-of-way.

The Town Council of the Town of Loxahatchee Groves is authorized and empowered to name or number any road or thoroughfare within the Town limits over which the Town has jurisdiction, and to change such names or numbers. The Town is authorized to designate and issue house numbers for properties abutting such roads or other thoroughfare.

No dedication of, or attempt to dedicate, any land or water for any public purpose whatsoever, and no conveyance of, or attempt to convey, any land or water for any public purpose whatsoever, shall be effective unless and until the same shall be accepted and approved by resolution or ordinance of the Town Council, as applicable.

(A)

Any separation, distance limitation or setback required by the ULDC shall be applied without regard to municipal boundaries, and shall be applied in the same manner as if the abutting jurisdictions were part of the Town of Loxahatchee Groves.

(B)

Unless otherwise specified, all distance separations required by the ULDC shall be measured in a straight line, using the shortest airline distance between the two or more points being measured (e.g. properties, buildings, portions of buildings, entrances to buildings as applicable to each specific provision).

Misrepresenting or withholding information by an applicant or party to an application, whether intentional or not, is ground for revocation of any approvals or permits issued.

The Town Council or its designee shall act as the Local Planning Agency (LPA) for the Town of Loxahatchee Groves for purposes of F.S. § 163.3174, as may be amended from time to time.

If the last day of a time period is a Saturday, Sunday or legal holiday, the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday.

An application for a development permit may be deferred, denied, or approved with appropriate conditions, when the property is in violation of the ULDC or in violation of a condition of a previously approved development order.

When a Town-initiated change of the text of the Comprehensive Plan or ULDC, or a Town-initiated change to the Future Land Use Plan Map or Official Zoning Map is being considered by the Town Council, no permit or development order shall be issued by the Town for a period of time not to exceed six months after notice of a public hearing before the Town Council for such a change has been published, where the issuance of such permit or development order might result in the nonconforming or unlawful use of property should such proposed change be adopted; provided that, the Council may extend the zoning in progress by up to six additional months if deemed necessary for the public health, safety and welfare; and further provided that, if final action by the Town Council is not taken on the proposed change within the timeframe prescribed above, the permit or development order shall be issued if it is consistent with existing permitted land uses or zoning district requirements.

The provisions of this Code are not intended, and shall not be construed, to preclude the use of any property by the Town of Loxahatchee Groves in any Town government capacity, function or purpose as determined by the Town Council.

For the purpose of the ULDC, certain terms used herein are defined. When not inconsistent with the context:

(A)

Words used in the present tense include the future, words in the singular number include the plural and words in the plural number include the singular number.

(B)

The word "shall" is always mandatory and not merely directory.

(C)

The word "may" is permissive.

(D)

The word "structure" shall include the word "building."

(E)

The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used.

(F)

The word "occupied" includes arranged, designed, built, altered, converted, rented or leased, or intended to be occupied.

(G)

The word "land" shall include water surface.

(H)

The word "person" includes individuals, firms, corporations, associations, trusts, joint ventures, partnerships, estate, syndicates, fiduciaries, government agencies, two or more persons having a joint or common interest, any combination of the preceding, and other similar entities.

(I)

The word "Town" shall mean the Town of Loxahatchee Groves, Florida.

(J)

The word "Council" shall mean the Town Council of the Town of Loxahatchee Groves, Florida.

(K)

The word "Councilmember" shall mean the members of the Town Council of the Town of Loxahatchee Groves.

(L)

The word "County" shall refer to Palm Beach County, Florida.

(M)

The word "Code" shall refer to the Unified Land Development Code of the Town of Loxahatchee Groves, Florida.

(N)

The word "Plan" shall mean the Town of Loxahatchee Groves Comprehensive Plan.

(O)

The word "Manager" shall mean the Town Manager of the Town of Loxahatchee Groves, Florida.

(P)

Any reference to the Town Manager, Town Attorney, Town Engineer, Town Planner, Code Enforcement Officer or other administrative official of the Town of Loxahatchee Groves, Florida, shall include their designees.

(Q)

Any reference to the Town Engineer shall include any of the engineering firms the Town may utilize for Town permit review, general development review, or infrastructure planning or review.

The following abbreviations are used in the ULDC and are intended to have the following meanings:

(A)

Any term not defined in this section shall have the meaning given by the most recent edition of Webster's Unabridged Dictionary.

Abandonment. To stop the use of property intentionally. When the use of property has ceased and the property has been vacated for six months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, substantially repair or use the property for a legally permissible use.

Accessory building. A separate building, subordinate in area and height to a principal building or use, as applicable, devoted to an accessory use on the same plot with the principal building or principal use.

Accessory dwelling unit. An accessory dwelling unit located on the same lot as a principal single family dwelling. An accessory dwelling is a complete, independent living facility equipped with a kitchen and provisions for sanitation and sleeping.

Accessory use. A use naturally and customarily incidental, subordinate, and subservient to the principal use of the premises, and located on the same plot as the principal use. The area of an accessory use shall be subordinate to that of the principal use.

Acre. Forty-three thousand five hundred-sixty square feet of land.

Adult day care facility. An establishment which provides day care and activities for adolescents or adults who require supervision due to physical or mental limitations.

Adult Entertainment. Any facility that features live persons, or taped or published images of persons, engaging in sexual activity or exposing specified anatomical areas, but specifically excluding naturist facilities.

Agriculture. As defined by F.S. § 570.02, as may be amended from time to time, which states: The science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. For the purposes of marketing and promotional activities, seafood shall also be included in this definition.

Agriculture, bona fide. A business that receives a reduction in property tax due to the use of part or of all of the property for the production of products as defined under "Agriculture" in Section 10-015. See Ch. 193.461 F.S. and Article 65 "Bona Fide Agricultural Uses" of this Unified Land Development Code.

Alcoholic beverage. Any beverage containing more than one percent of alcohol by weight.

Alcoholic beverage establishment. Any bar, lounge, saloon, bottle club, nightclub, private club, package store or any place or premises, other than a private residence or a fast-food or full service restaurant as defined herein, where alcoholic beverages are sold or dispensed for consumption by customers, patrons or members on or off of the premises, and not in conjunction with a meal. Establishments that provide only snack foods or prepackaged foods incidental to consumption of alcoholic beverages on the premises shall be considered alcoholic beverage establishments.

Alter. "Alter", "altered" or "alteration" shall mean any change in size, occupancy or use of a building or structure; any repair or modification to a building or structure, or use; the erection or placement of any sign; the excavation or filling of any water area; the addition or removal of fill and movement of earth; the addition, removal or modification of any paving or landscaping.

Animal, domesticated. Any animal that has been bred or raised to live in or about the habitation of humans.

Animal, large. Any animal with a body weight of more than 150 pounds.

Animal, small. Any animal, including small farm animal, with a body weight of 150 or fewer pounds, but not including swine or poultry.

Animal manure management, commercial. The handling, storage, and treating of animal manure and soiled bedding material on a consistent and active basis including the production and wholesale of organic compost for land application as a business or a for-profit activity.

Animal manure management, private. The handling, storage, and treating of animal manure and soiled bedding material on a consistent and active basis including the production and wholesale of organic compost for land application, for private or nursery use, excluding dumping and excluding filling.

Archaeological resources. Objects and materials which yield information important in history or prehistory and are physical evidence of past human activity. Archaeological resources may be identified using on-site investigations or site predictive models.

Arterial or arterial roadway. A street having that meaning given in F.S. § 334.03, as may be amended from time to time. Arterials are identified in the Transportation Element of the Comprehensive Plan.

Auditorium. A building or complex of buildings that has facilities for cultural, entertainment, recreational, athletic and convention activities or performances.

Automobile repair, garage. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning, etc.

Aviary. A place for keeping birds confined.

Aviculture. The raising and care of birds in captivity but not including small birds (e.g., parakeets) located in the home as pets.

Back-out parking. A parking lot design which forces a vehicle to use the public or private right-of-way to maneuver in and out of a parking stall.

Bar, lounge or saloon. Any place devoted primarily to the retailing and consumption on the premises of malt, vinous or other alcoholic beverages not served as an accessory to meals prepared on the premises, and any place where one or more signs are displayed indicating that alcoholic beverages are obtainable for consumption on the premises.

Bed and breakfast. An owner-occupied and operated detached dwelling unit, other than a hotel, rooming house or boarding house, where sleeping accommodations without individual food preparation facilities, are provided for transient guests, with at least one meal per day prepared within a centralized kitchen for guests included for a nightly fee, and which does not utilize outside services or employees, except for those customarily found in single-family residential neighborhoods such as housekeeping and landscape maintenance. Bed and breakfasts accept reservations directly on the premises and advertise themselves as bed and breakfasts.

Boarding or rooming house. An establishment providing transient lodging for a nightly fee that is not a hotel or bed and breakfast dwelling.

Building. Any structure having a solid roof and having walls on all sides, and used or built for the shelter or enclosure of persons, animals, chattels, or property of any kind.

Building permit. For purposes of concurrency/adequacy determination and required parking calculations, "Building Permit" means a permit required by the Florida Building Code, as may be amended from time to time, for the erection or construction of a new building, addition to an existing building, or change in occupancy that may require additional parking pursuant to Article 95, "Parking and Loading," or may impact services or facilities subject to concurrency requirements, including one or more additional dwelling units, or additional nonresidential building area. In any other context, the term refers to any permit required under the Florida Building Code, as may be amended from time to time.

Caretaker(s) quarters. A dwelling that provides housing for a person who is employed to maintain, repair and protect the property on which the dwelling is located.

Carports. A private garage not completely enclosed by walls and doors.

Change of occupancy. The term "change of occupancy" shall mean a discontinuance of an existing use and the substitution therefore of a use of a different kind or class. Change of occupancy is not intended to include a change of tenants or proprietors unless accompanied by a change in the type of use.

Child care center. A place for the day care and/or instruction of children not remaining overnight, includes preschools.

Chipping and mulching. The use of equipment designed to cut tree limbs, brush or wood construction debris into small pieces including the production and wholesale of mulch for land application.

Civic center. A building or complex of buildings that house governmental offices and services, and/or which may include cultural, recreational, athletic, convention and entertainment facilities owned or operated by a governmental agency.

Club, private. Buildings and facilities or premises used or operated by associations and organizations of a fraternal or social character, not operated or maintained for profit. The term "private club" shall not include casinos, night clubs or other institutions operated as a business. Such organizations and associations shall be incorporated under the laws of Florida as nonprofit organizations.

Code compliance officer or code inspector. The officers and/or agents of the Town officially authorized by the Town to enforce the provisions of this Code.

Collector or collector roadway. A street having that meaning given in F.S. § 334.03, as may be amended from time to time.

Commercial equestrian operations. Businesses and activities other than for the personal enjoyment of the property owners or lessees, and their family and friends, that feature limited horse boarding, riding instruction, horse grooming and care instruction, horse training, horse breeding, guided or unguided horse back riding, and equestrian accessory uses, where the ratio of human participants to horses is consistently no greater than two to one, unless the use involves a one time group instruction on horse care, training, riding, or similar equestrian instruction, whereby all participants are engaged simultaneously in such instruction.

Commercially zoned land. Any land or water area whose zoning district classification is Commercial Low (CL) or Commercial Low Office (CLO).

Community residential facility. A residential building or buildings designed or altered to provide housing, food service, and personal services to persons unrelated to the owner or manager of the facility, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents, and which is licensed by the State of Florida or other government agency for such purposes.

Completely enclosed building. A building separated on all sides from adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls pierced only by windows and normal entrance or exit doors.

Concurrency. The statutory requirement that public facilities and services needed to support development shall be available at the same time or coincidental with the impact of such development, as provided by law.

Contiguous. Directly adjoining; immediately adjacent; contiguous plots have at least one side of each plot which touches one side of the other plot or plots with no separator between the plots including, but not limited to, a public right-of-way, private street, or canal.

Day labor hiring center. A profit or non-profit facility at which job seekers congregate to be hired by the day or by the job for short periods of time by third parties that are typically engaged in the construction, maintenance, agricultural or industrial trades. Job seekers must be present to receive and accept a job offer or be transported to a job site, and typically return to the facility for payment. Related support services may be offered to job seekers while they wait onsite.

Density. The maximum number of dwelling units permitted on a specific number of acres of land.

Developed. Land or water upon which a permitted building, structure, other improvement or use has been constructed or established, and including land that has undergone development as defined herein, but excluding solely underground utilities, pipes, wires, cable, culverts, conduits or other similar underground improvements and excluding structures bearing overhead power transmission lines that carry at least 500 kilovolts of electrical power, provided such lands contain no other buildings or structures. This term shall not include containers having a maximum capacity of forty gallons or less.

Developer. Any person undertaking any development as defined in this section.

Development. The meaning given in F.S. § 380.04, as may be amended from time to time, provided the term specifically includes any construction, clearing, filling, excavating, grading, or paving, whether or not any such activities are occurring on a previously improved property. The Loxahatchee Groves comprehensive plan specifically recognizes the right of property owners to subdivide their property into five acre single family residential parcels without such land division being deemed development under F.S. § 380.04.

Development order. An order authorizing the granting, denying, or granting with conditions of an application for a development permit.

Development permit. Any building permit, engineering permit, zoning permit, subdivision or plat approval, modification to a condition of plat approval, including an amendment or revision to a non-vehicular access line, site plan approval, amendment to the notation on the face of a plat, application for placement of a notation on the face of a plat, rezoning, variance or other official action of the Town having the effect of permitting the development of land, but does not include any variance or other official action necessary solely for the purpose of issuing a permit, other than a building permit, pursuant to the Florida Building Code, as may amended from time to time.

Display. An arrangement of goods reflecting the occupation or business, wares or other objects used or sold on the premises, for the purpose of bringing the subject thereof to the attention of others without the use of a sign.

District. A portion of the territory of the Town of Loxahatchee Groves within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Code. The term is short for "zoning district."

Drive-through facility. Any place or premises used for the sale or dispensing of products to patrons who enter upon the premises in automobiles and purchase products through a window or door without leaving their vehicle.

Driveway. An area that connects the parking aisles of a parking lot, the parking area of a dwelling unit, a loading area, or otherwise provides vehicular access from private property, to the public right-of-way, to a private street, or to another driveway.

Driveway entrance. That portion of a driveway that immediately abuts the public right-of-way or a private street.

Dumpster. A container constructed of impervious material that is intended and designed to be used for the retention or storage of garbage, refuse or recyclable materials.

Dwelling. Any building, or part thereof, occupied in whole or in part, as the residence or living quarters of one or more persons, permanently or temporarily, continuously or transiently.

Dwelling, detached. A single dwelling unit physically detached from other buildings, dwelling units or structures.

Dwelling, single-family. A freestanding dwelling unit, sharing no walls with another dwelling unit, having all habitable areas within the building accessible from the interior of the building. Single-family dwellings shall not include trailer mobile homes, rooming or boarding houses, or dormitories, fraternities and sororities.

Dwelling unit. A room or group of rooms not less than 400 square feet in total floor area, with direct access from the outside of the building or through a common hall, which includes independent and complete kitchen and sanitary facilities designed to provide complete, long-term living accommodations exclusively for one family, and which have no access to another dwelling unit or are designed in such a manner that access to another dwelling unit may be eliminated by closing or sealing interior doorways or openings.

Employment agency. A business that charges a fee for providing information and placement services to candidates seeking employment and/or clients looking for qualified candidates. Candidates register with the agency, but do not wait on-site or at a central location for full time, part time, or temporary assignments. Vocational guidance, employment counseling, resume writing, executive recruitment, payroll processing, and similar personnel services may also be offered.

Environment. Includes, but is not limited to, ambient air, surface water, land surface, subsurface soil strata or groundwater.

Environmental regulation. Any federal, state, county or Town law relating to pollution or protection of the environment. It includes, but is not limited to, any federal, state, county or Town statute, or regulation that pertains, in whole or part, to any existing or potential emission, discharge or release of any pollutant, contaminant, chemical, toxic waste, hazardous waste or solid waste into the environment. The term "environmental regulation" also includes, without limitation, any such statute or regulation relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of any pollutant, contaminant, chemical, toxic waste, hazardous waste or solid waste.

Equestrian. Of, relating to, or featuring horseback riding.

Equipment, farm and land cultivation. See "farm and land cultivation equipment."

Essential services. The erection, construction, alteration or maintenance by public utilities or governmental agencies, of underground or overhead sanitary sewer, communication, gas, electrical, steam or water transmission or distribution systems, and drainage facilities, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, transformer substations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare.

Family. Any of the following living together as a single housekeeping unit in a dwelling unit: any number of persons related by legal adoption, blood or a licit marriage; a group of not more than three persons who are not related by legal adoption, blood or licit marriage; or a group of persons that are disabled as defined by federal law.

Family day care home. The meaning given in F.S. § 402.302, and regulated by § 402.313, both as may be amended from time to time.

Farm. The land, buildings, structures, support facilities, machinery, and other appurtenances used in the production of farm and aquaculture products when such land is classified agricultural pursuant to F.S. § 823.14, as may be amended from time to time.

Farm and land cultivation equipment. Any operable vehicle and equipment necessary for conducting an agricultural or equestrian use. Landscape maintenance equipment used on the plot (e.g., lawn tractor) is also included in this definition, but shipping containers, and landscape maintenance vehicles associated with a business that provides such services off-site, are not included.

Farm building or structure. Any building or structure located on a plot classified as a farm, which is used to house or store farm products or materials and equipment necessary to farm operations. A farm structure shall also include fences, walls and hedges along the plot line of a farm.

Farm operation. All conditions or activities by the owner, lessee, agent, independent contractor, and supplier that occur on a farm in connection with the production or marketing of a farm's products.

Farm product. Any plant, as defined in F.S. § 581.011, as may be amended from time to time, or animal useful to humans and including, but not limited to, any product derived therefrom, or as defined in F.S. § 823.14, as may be amended from time to time.

Fence. A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement or concealment.

Floor area, gross floor area. Where a specified minimum floor area is required in the ULDC for a dwelling or other building, "floor area" shall mean the total gross horizontal area of all of the floors within the external perimeter of the exterior enclosing walls, including Florida rooms, sun rooms and utility rooms which are fully enclosed and directly accessible from the interior of the dwelling, but excluding other utility rooms, unenclosed porches, terraces or breezeways, and carports or garages. For purposes of floor area ratio and parking calculations, "floor area" or "gross floor area" means the total gross horizontal area of all of the floors within the external perimeter of the exterior enclosing walls.

Floor area ratio (F.A.R.). The total gross floor area of all buildings or structures on a plot divided by the plot area.

Food service. Preparation and/or provision of food for consumption intended for individual portion service on or off the premises regardless of whether there is a charge for the food.

Food service establishment. Any place where food service is provided, and includes the site at which food is prepared and the site at which individual portions are provided, regardless of whether consumption is on or off the premises. The term does not include private homes where food is prepared or served for individual family consumption.

Frontage of a building. Shall mean the wall(s) of a building approximately parallel and nearest to a street(s).

Frontage of property. Shall mean any plot line which separates a plot from a street, or the line separating an ingress/egress easement within a plot from the remainder of the plot.

Garage, private. An accessory building or portion of a single-family dwelling designed or used for inside parking of self-propelled private passenger vehicles by the occupants of the dwelling.

Gasoline station. Any building, structure, or land used for retail sale and dispensing of vehicle fuel(s).

Governmental facilities. A building or complex of buildings that house the administrative offices of the Town of Loxahatchee Groves, any department, commission, district, authority, board, independent agency or instrumentality of the United States, the State of Florida, county, or any other governmental unit.

Grade, established or finished. The elevation of land above mean sea level in its final, graded condition.

Guest cottage. A structure or any part of a structure ancillary to a detached single-family dwelling unit, excluding mobile homes, and located on the same plot as the principle dwelling unit, that is occupied in whole or in part as the temporary residence or living quarter of one or more persons. This definition shall include any such living quarter that is connected to the principal dwelling unit by an open or enclosed breezeway or other structure that serves to merely connect the guest quarter to the principal dwelling, as contrasted with a customary home addition that is physically and functionally integral to the principal dwelling.

Habitable room area. The total floor area of a dwelling unit excluding closets, bathrooms, garages, utility rooms, storage areas, and rooms not accessible from the interior of the dwelling unit.

Hazardous substances. Any substance or material which, by reason of its toxic, caustic, corrosive, abrasive, explosive, pyric, or otherwise injurious properties, may be detrimental or deleterious to the health or safety of any person handling or using or otherwise dealing with such material or substances.

Height. For all buildings and structures, except as provided below, the vertical distance from the highest point of finished grade at the location of the building pad to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof, to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, and to the highest point of any non-roofed structure. Sign height is defined within Article 90, "Signs." The height calculation of structures placed on berms shall include the height of the berm".

Holiday wayside stand. A temporary outside sales location for the retail sale of holiday items associated with the particular holiday for which the location is established, and not associated with or part of any existing use on the plot upon which it is located.

Home occupation. Conduct of a business in a home office.

Home office. An office designed for and operated as a business location within the confines of a dwelling unit, and carried on only by persons owning and living in the dwelling unit, and involving only written correspondence, phones, computers, or other common office equipment, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. Home offices shall preclude any business operation that requires or permits customers, patrons, or other employees to visit the dwelling or is conducted within any structure other than the primary residence. The dwelling in which a home office is located shall have a homestead exemption.

Hospital. An institution providing primary health services, medical and/or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, handicap and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel. A public lodging establishment containing individual rooms or suites of rooms accessed primarily through an inside lobby, each having a private bathroom, for the purpose of providing overnight, transient lodging accommodations to the general public for compensation with or without meals, which has common, on-site facilities for reservations, cleaning services and on-site management, and may provide additional, accessory services such as restaurants, meeting rooms, health and fitness, spa, entertainment and/or recreational facilities.

Household pet. An animal that resides in the dwelling with its owner, kept for companionship and enjoyment.

Impervious area. Any area with a surface that is covered or hardened so as to prevent or impede the percolation of water into the soil mantle, including swimming pools, water bodies and areas covered with brick pavers.

Inflammable liquid. Any liquid, which under operating conditions gives off vapors which, when mixed with air, is combustible and explosive.

Kennel, private. Any building or land used, designed or arranged to facilitate the non-commercial, private care of domestic animals, such as dogs and cats, owned by the occupants of the premises and not used for a commercial or not-for profit organization such as a dog club.

Kennel, commercial. A commercial establishment, including any building or land, used for the raising, boarding, breeding, sale, or grooming of domesticated animals (e.g. dogs and cats), not necessarily owned by the occupants of the premises, for profit.

Kitchen, complete. A room or area within a building designed or used primarily for providing food storage and food preparation that contains, at least a sink with piped water, refrigerator and conventional gas or electric range or cook stove facilities.

Land, platted. Any land recorded by plat in the Palm Beach County Public Records, and can be referenced by a plat name, plat book and page.

Land, unplatted. Any land or part thereof not recorded by plat in the Palm Beach County Public Records and cannot be referenced by plat name, plat book and page.

Library. A building or room in which literary, musical, artistic or reference materials, such as books, manuscripts, recordings, films, paintings, etc., are kept for public use.

Limited access indoor self-storage facility. Limited access indoor self-storage facility shall consist of individual, self-contained units that are leased for the storage of business, household, or other personal goods. Self-storage development shall consist of storage bays with access only from the interior corridors of the building. A management office is an allowed accessory use. Any residential use is prohibited.

Livestock. Grazing animals, such as cattle, horses, sheep, goats, other ruminants, swine, ostriches, emus and rheas, which are used for private use or commercial purposes, or as defined by F.S. § 585.01, as may be amended from time to time.

Loading area. An area provided off of any public or private right-of-way for the temporary parking of trucks being loaded or unloaded.

Lot. A parcel or tract of land designated and identified as a single unit of area in a subdivision plat officially recorded in the Palm Beach County Public Records.

Lot line. The property boundary lines of a lot.

Manufactured home. A residential unit, commonly referred to as a mobile home constructed to standards promulgated by the United States Department of Housing and Urban Development (HUD), as indicated by the presence of a HUD plate or sticker. (Ref: F.S. 553.36(14).

Medical center. A public or private facility, which staff includes state-licensed physicians and nurses, which provides health-related services or treatment designed to prevent medical problems, maintain a healthful condition, or restore an individual to a condition of health.

Modular home or factory-built home. A closed structure, building assembly, or system of assemblies which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facilities for installation or erection as a finished residential building or as part of a residential building. The Florida Building Code and the Florida Fire Prevention and Life safety Codes shall be the minimum construction requirements governing the manufacture, design, construction, erection, alteration, modification, repair, and demolition of manufactured buildings. The Florida Department of Business and Professional Regulation, as evidenced by an insignia attached to the structure, certifies that the modular or factory built structure is in compliance with the Manufactured Building Act (Florida Statutes Chapter 553, as amended). (Ref: F.S. 553.36(13) and F.S. 553.355).

Museum. A building or room devoted to the procurement, care, study or display of antiques, objects of historical, scientific or cultural interests, or other objects of lasting interest or value.

Nightclub. A restaurant, dining room, bar or other similar establishment where music is played at or above normal conversation sound level such that the music is primary entertainment and not merely background music for ambiance, or where floor shows or other forms of lawful entertainment are provided for guests.

Nonconforming building. A building or structure, or portion thereof, other than a sign, lawfully existing at the effective date of these regulations, or any amendment hereto, that does not comply with the provisions of these regulations, other than use regulations.

Nonconforming plot. A plot of record lawfully existing at the effective date of these regulations, or any amendment hereto, that does not comply with the provisions of these regulations, other than use regulations.

Nonconforming use. The use of a structure or premises, lawfully existing at the effective date of these regulations, or any amendment hereto, for any purpose not permitted for a new use in the zoning district in which it is located.

Nonresidential plot. A plot of land other than a residential plot.

Nonresidentially zoned land. Land or water area within any zoning district other than the Agriculture Residential (AR) zoning district.

Not-for-profit corporation. A corporation of which no part of the corporate income is distributable to its members, directors or officers as defined by F.S. ch. 617, as may be amended from time to time.

Nursery. A place where plants are propagated and/or grown to usable size sale, or for experimentation, and which may include such accessory uses as the limited and incidental sale of accessory items, the provision of landscape design services, and delivery and installation of plants purchased from the nursery. This term expressly excludes lawn and landscape maintenance businesses and mulching operations as commercial or principal uses.

Nursery, retail. A nursery, the products of which are sold directly to the ultimate consumer.

Nursery, wholesale. A nursery, the products of which are sold to a retailer and not directly to the ultimate user.

Opaque. Any non-translucent, nontransparent, nonliving material which provides a visual barrier from one side to the other.

Package store. An establishment where the sale of alcoholic beverages in containers for consumption off the premises is the predominate purpose of the establishment.

Parking. The temporary, transient storage of vehicles or equipment as an accessory use to a dwelling or other use for a period generally not exceeding 24 hours, while their operators are engaged in other activities. This definition excludes the storage of vehicles or equipment.

Parking facility. An area designated for the parking of private passenger vehicles not on a street or other thoroughfare. It shall not include storage of new or used cars for sale, service, rental, or any other purpose than specified above.

Parking facility, full circulation. A parking lot design which permits a car entering a parking lot to circulate in front of all parking stalls and restart the same movement again without using a street or alley and without backing up and then turning around.

Parking facility, partial circulation. Parking lot design which permits a car entering a parking lot to circulate in front of all parking stalls without using any public or private street right-of-way, and without the need to back up and turn around, but which does not allow complete recirculation through the parking facility without using a street or alley and without the need to back up and turn around.

Parking aisle. The area immediately adjacent to the car parking stalls which permits maneuvering of the cars entering and leaving a parking stall, and which connects the parking stalls to the driveway.

Parking stall or "parking space." The space that is necessary to park a car, excluding aisles and driveways, and conforming to the minimum dimensions and other requirements of this Code.

Pervious area. Area maintained in its natural condition, or covered by a material that permits infiltration or percolation of water directly into the soil mantle.

Place of worship. A building, or part thereof, designed and arranged for religious services, on land held in fee simple ownership or on a long-term lease, a minimum of five years duration, by a chartered religious organization, which utilizes the building for regular, continuing religious services.

Plat. A map or delineated representation of a tract or parcel of land showing the designation of such land as lot(s), block(s), parcel(s), or other portions thereof, however the same may be designated. The verb "to plat", in whatever tense used, means to prepare a plat in accordance with Town of Loxahatchee Groves' and Florida's minimum platting requirements, showing the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof, however the same may be designated. "Plat" does not refer to a boundary plat unless the term "boundary plat" is used specifically.

Platted land. See, "land, platted."

Plot. Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is occupied or to be occupied by a building, structure, or use, and their accessory buildings and accessory uses, together with such yards and open spaces as are required by this Code as a unit. A plot may consist of one or more platted lots, or portions of a platted lot and/or unplatted land.

Plot, corner. A corner plot is a plot of which at least two adjacent sides abut for their full length upon a street, provided that such two sides intersect at an interior angle of not more than 135 degrees. Where a plot is on a curve, if tangents through the intersections of the lot lines with the street lines make an interior angle of not more than 135 degrees, such a plot is a corner plot. In the case of a corner plot with a curved street line, the corner shall be considered to be that point on the street line nearest to the point of intersection of the tangents herein described.

Plot coverage. The percentage of the plot area covered or occupied by buildings or roofed structures or portions thereof. Swimming pools, decks, barbecue pits, terraces and other appurtenances not roofed-over shall not be included in computing plot coverage.

Plot depth. The mean horizontal distance between the front and rear plot lines.

Plot, flag. A plot not meeting the minimum frontage requirement and where access to a public street is established by a narrow private street or easement.

Plot, interior. A plot other than a corner plot.

Plot line. The boundary lines of a plot. Has the same meaning as, "property line."

Plot line, front. The plot line coinciding with, or adjacent and parallel, to the street line. For corner plots and through plots, the front plot line shall be determined using the methodology set forth in the definition of "street line, front" as it applies to corner and through plots.

Plot line, rear. The plot line opposite and most distant from the front plot line. In the case of a triangular or gore-shaped lot wherein the two side plot lines converge in the rear, the rear plot line shall be considered to be a line ten feet in length within the plot parallel to and at the maximum distance from the front plot line.

Plot line, residential. Any plot line of a residential plot.

Plot line, side. Any plot line other than a front or rear plot line. A side plot line separating a plot from a street is called a corner side plot line, and is considered a street line. A side plot line separating a plot from another plot or plots is called an interior or side plot line.

Plot, residential. A plot with an Agricultural Residential (AR) zoning district classification.

Plot, through. A plot abutting two streets, not at their intersection, if any, which may be an interior plot or also a corner plot.

Plot width, required. The minimum required horizontal distance between the side plot lines at the full depth of the required front yard.

Porch. A roofed-over space attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of such building. Open mesh screening shall not be considered an enclosure.

Potable water. Water which is satisfactory for drinking, culinary and domestic purposes and which meets the quality standards of the Florida Department of Environmental Regulation, Chapter 17-22, Florida Administrative Code, as may be amended from time to time.

Portable storage unit. Any container designed for the storage of personal property which is typically rented to owners or occupants of residences or businesses for their temporary use, and which may be delivered to a residence or business and later retrieved from the premises by vehicle and stored in a commercial storage facility until needed by the renter. Portable storage units shall not include shipping containers.

Poultry. Domesticated birds kept for eggs or meat, but excluding any emu or ostrich.

Principal building. A building occupied by, and devoted to, a permitted principal use.

Principal use. The primary use of a parcel of land as distinguished from secondary or accessory uses. There may be more than one principal use on a parcel of land unless prohibited within a given zoning district.

Private property. All lands and water areas owned by other than the Town, county, state, federal government or any of its subdivisions.

Private road. A road or driveway that is privately owned and limited to the use of the owner or a group of owners who share the use and maintenance. A private road is not owned by a government entity.

Property owner. The person or entity holding title to real property as indicated in the current tax roll of Palm Beach County, unless the Town has received by certified mail an official document establishing that a person or entity other than the person or entity shown on the tax roll is the actual owner.

Public property. All streets, canals, waterways, other rights-of-way, lands, and improvements owned by a governmental agency.

Quarry. A place where natural materials or deposits are excavated for use as building materials, road materials, land fill, etc. at a different location. The excavation of materials for use on the premises where the excavation occurs shall not be included in this definition.

Refuse. Unwanted or undesired material or substance including rubbish, junk, trash, garbage, excess fill or compost, and animal manure.

Residential enterprise. A low impact home-based business on property that has a homestead exemption.

Residential plot. See "plot, residential."

Residential zoning district. Agricultural Residential (AR) zoning district.

Residentially zoned land. Any land or water area within a residential zoning district.

Restaurant. A building or room, where food is prepared and served for pay, which may include consumption on the premises.

Restaurant, fast food. A restaurant which functions for the purpose of serving either short-order meals or individual food items, but is not a full service restaurant as defined herein. A fast food restaurant may or may not have drive-thru window.

Restaurant, full service. A restaurant which functions for the purpose of serving complete meals both ordered from a menu and brought to the customer via table service by a restaurant employee, prepared and cooked in a kitchen within the restaurant for on-premises consumption, but shall include cafeterias. Full service restaurants do not have drive-through windows.

Retail store. A commercial establishment for the sale of merchandise directly to the ultimate consumer.

Right-of-way. An area of land and/or water that has been dedicated, deeded, reserved, or otherwise conveyed to the public for public use, ownership and control, and intended to be occupied by uses such as a street, walkway, trail, utility infrastructure, canal or other storm water conveyance. The term "right-of-way" shall mean "public right-of-way" unless preceded by the word "private," which for the purpose of the ULDC shall have the same meaning as an easement.

Right-of-way line. See "street line."

Right-of-way line, ultimate. See "street line, ultimate."

Roof line. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Setback. The minimum distance measured from a property line, or ultimate street line if the plot abuts a street, and any part of any building or structure on the plot, unless a specific improvement is specifically excepted as a permitted encroachment or called out separately with a different setback. All areas in between the setback line and the plot or street line, as applicable, are yards.

Setback line. The line or vertical plane representing the setback distance and yard depth, also described as the edge of any required yard, demarcating the vertical plane that separates a required yard from the 'buildable' portion of the plot where principal structures may be erected.

Setback line, required. The line representing the minimum required setback/yard depth.

Setback, required. The minimum setback required by any ULDC provision. A minimum setback requirement creates a minimum yard requirement, and a minimum yard requirement has the same effect as requiring a minimum setback.

Shipping container. Any container originally designed for transporting cargo, or a container that is similar in design or function to such a container, but excluding a portable storage unit.

Shopping center. A group of three or more individual tenant spaces in a nonresidential building, each of which shares at least one common wall with another unit.

Shopping center outparcel. A plot containing a commercial building that provides its own required parking, landscaping and pervious areas, which is contiguous on at least one side to a shopping center or other larger commercial development, and which is connected to the larger development through parking or access facilities.

Site plan. A drawing illustrating a proposed development and prepared in accordance with the specification set forth in Article 155 of these regulations.

Special event. A carnival, circus, concert, festival, commercial promotion, show, competition, sale and other similar types of events, as well as any outdoor activity that is not a permitted principal or accessory outdoor use of the premises shall be classified as a special event. Special events shall also include permitted accessory uses of a scale, intensity or frequency that exceeds the customary and incidental scale, intensity or frequency of the given accessory use.

Storage of vehicles. The keeping of vehicles or equipment upon a plot for a period exceeding 24 hours that does not constitute "parking" as defined herein. Whenever storage of vehicles is permitted within these regulations, parking is also permitted by inference.

Street. A thoroughfare or any other vehicular accessway recorded in the public records of Palm Beach County, Florida, as right-of-way, reservation, ingress/egress easement or similar instrument for the sole purpose of providing access to and from abutting properties. Streets may be publicly dedicated or private.

Street lines. Shall mean the lines that form the boundaries of a public street right-of-way, public or private ingress/egress easement, or other access reservation or conveyance.

Street line, front. For corner lots, the front street line shall be the shorter of the two street lines unless they are each equal or within 50 feet of equal length, in which case the Town Manager shall designate one such street line as the front street line and designate one rear lot line based upon neighboring building orientation and access considerations. For through lots, both street lines shall be front street lines.

Street line, ultimate. The street line that would result from dedication of right-of-way or granting of an access easement based upon the total public or private right-of-way prescribed for any given street by these regulations, the Comprehensive Plan, Palm Beach County Code, or any other official plan.

Structural alteration. Any change, except for repair or replacement, in supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Structure. Anything constructed, installed, erected or portable, the use of which requires a location in or on the ground, or attached to something having location upon the ground, such as buildings, trailers, fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks and advertising signs.

Surface water management system. The collection of devices, improvements or natural systems whereby surface waters are controlled, impounded, or obstructed. The term includes dams, impoundments, reservoirs and appurtenant works as defined in F.S. § 373.403(1—4), as may be amended from time to time, as well as all artificial structures including, but not limited to, ditches, canals, conduits, channels, culverts, pipes, and other construction that conveys, impounds, or controls surface water.

Swale. Land within a street other than the travel surface, and land adjacent to a street that holds, is designed to hold, or is required by the ULDC to contain and/or to convey storm water runoff from a street and private property abutting the street.

Swine. Any of various stout-bodied short-legged omnivorous artiodactyl mammals (family Suidae) with a thick bristly skin and a long flexible snout; especially a domesticated one descended from the wild boar.

Temporary event. An outdoor event not to exceed a period of three consecutive days, such as a fund raising, sporting, holiday, religious, fraternal or civic event where none of the following activities or facilities will occur or exist on-site for a period exceeding 24 consecutive hours: (1) signage; (2) buildings, tents or similar structures; (3) electrical, plumbing or similar utility connections; and/or (4) portable sanitary facilities.

Trailer. A manufactured structure inspected, approved and licensed by the State of Florida Department of Motor Vehicles, constructed so as to permit occupancy thereof as sleeping or living quarters, or use for storage or conveyance for tools, equipment or machinery on a construction site, and so designed that it is or may be mounted on wheels and conveyed on highways and streets, propelled or drawn by other motive power from one location to another.

Translucent. Any material which allows the passage of light, but does not permit a clear view of any object or person.

U-pick farm. A farm which allows customers to hand pick fruits, vegetables and other crops for a price usually charged by the size of the container.

Use. The purpose of which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is utilized, occupied or maintained.

Use (v.). "Use" or "used" shall mean the continuation of an existing use, establishment of a new use, or any expansion or change of an existing use, of a building, structure or part thereof, or of any land or water area.

Use of land. Includes use of water surfaces and land under water to be the extent covered by zoning districts, and over which the Town of Loxahatchee Groves has jurisdiction.

Use, nonresidential. A use other than residential use (see use, residential).

Use, principal or main. The primary use of the plot as distinguished from secondary or accessory uses. There may not be more than one principal or main use on a plot unless specifically permitted by district regulations.

Use, residential. A use such as a one-family dwelling for living or sleeping of persons, not commercial or institutional in character such as a lodging establishment or nursing home.

Variance. A modification of, or deviation from, a regulation of the ULDC which is authorized and approved by the Town Council after it finds through competent substantial evidence that the literal application of the provisions of the Code would cause unnecessary hardship in the use or development of a specific plot, building, or structure, and that such modification or deviation satisfies the criteria for the granting of variances set forth in Article 150 of these regulations.

Vehicle, commercial. Any operable vehicle designed, intended or used for the transportation of people, goods or things, other than private passenger vehicles, agricultural equipment and personal recreation vehicles, provided that any vehicle with a commercial sign placed upon it shall be considered a commercial vehicle. The term "commercial vehicle" shall include, but is not limited to the following:

a.

Semi trailer. All two or more axle vehicles designed to be coupled to and drawn by a motor vehicle.

b.

Truck. A motor vehicle designed with or modified to contain a bed, platform, cabinet, rack or other equipment for the purpose of carrying items or things or performing commercial activities and weighing 8,000 pounds or more. This term includes, but is not limited to, wreckers, tow trucks, dump trucks, utility or service vehicles, and moving vans.

c.

Truck-tractor. A motor vehicle having four or more wheels designed to draw a semi-trailer and often equipped with a "fifth wheel" for this purpose.

d.

Bus. Any vehicle designed or modified for transportation of 15 or more people in seats permanently placed in the vehicle.

e.

Business vehicle. Any vehicle upon which a business name is displayed. This term includes, but is not limited to, taxis, limousines, ambulances, and vans, but excludes security vehicles which are providing security services to the area where the vehicle is parked.

Vehicle and equipment, construction. Any equipment used in land clearing and development, building construction, utility construction, or road construction.

Vehicle, personal recreation. Any operable motor vehicle or trailer designed and used for general recreation purposes or temporary living quarters for recreational, camping, or travel use, including but not limited to: camping trailers; travel trailers; truck campers; motor homes, but excluding mobile homes which are considered housing; watercraft; and, trailers designed or used for transporting watercraft or other recreational vehicles, but excluding any trailer classified as a commercial vehicle or which is pulled or designed to be pulled specifically by a commercial vehicle.

Vehicle, private passenger. A motor vehicle weighing less than 8,000 pounds, designed and used for personal transportation, including cars, pickup trucks, sport utility vehicles, minivans, and motorcycles.

Vehicle, recreational. Shall mean one of the following:

a.

Camping trailer. A vehicular, portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle, and unfolded at the site to provide temporary living quarters for recreational, camping or travel use.

b.

Truck camper. A truck equipped with a portable unit, designed to be loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide temporary living quarters for recreational, camping or travel use.

c.

Motor home. A vehicular unit which does not exceed the length and width limitations provided in F.S. § 316.515, as may be amended from time to time, is built on a self-propelled motor vehicle chassis, and is primarily designed to provide temporary living quarters for recreational, camping or travel use.

d.

Off-road vehicle. A motorized vehicle designed and intended solely for recreational activities and not as a means of transportation on public streets.

e.

Travel trailer, including fifth-wheel travel trailer. A vehicular, portable unit mounted on wheels, of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle. It is primarily designed and constructed to provide temporary living quarters for recreational, camping or travel use. It has a body width of no more than eight and one-half feet and an overall body length of no more than 40 feet when factory-equipped for the road.

Vehicular use area. Parking facilities, driveways, and any area designed or used for vehicular circulation, parking, loading, stacking or storage.

Water management area. A portion of a development that is a functional part of the "surface water management system" and is designed for the normal impoundment, storage, or conveyance of surface water or stormwater.

Waterway. A stream, canal or body of water.

Wayside stand. A structure designed and used for the sale or display of farm products produced on the premises on which said structure is located.

Wetlands. Those areas which are inundated by water, with sufficient frequency to support, and normally do support an assemblage of organisms that is adapted to saturated or seasonally saturated soil conditions for growth and reproduction including, but not necessarily limited to swamps, marshes, bogs, sloughs, wet meadows, river flood plains, mud flats and wet prairies.

Wildlife. Shall include only those animals listed, categorized and regulated under Florida Statutes Section 379.3761: "Exhibition or sale of wildlife; fees; classifications", Florida Statutes Section 379.62: "Personal possession of wildlife", Florida Administrative Code Chapter 68A-1.002 "Regulation of Wild Animal Life and Freshwater Aquatic Life in the State", and Florida Administrative Code Chapter 68A-6: "Wildlife as Personal Pets".

Wireless communication facility. An antenna, stealth facility or wireless communication tower.

Yard. A space on the same plot with a structure or use, open and unobstructed from the ground to the sky unless specifically excepted by the ULDC. Yard measurements shall be the minimum horizontal distances. Yards shall extend and be measured inward from the respective plot lines except for yards abutting streets, in which case they shall be measured from ultimate street lines.

Yard, front. A yard extending across the full width of the plot between the front street line and the nearest line of the buildings or structures on the plot. For plots along culs-de-sac, the front yard shall be measured parallel to the arc of the cul-de-sac.

Yard, rear. A yard extending across the full width of the plot between the rear plot line and nearest line of a building or structure.

Yard, required. The minimum yard depth required by these regulations. Any yard space supplied in excess of the minimum amount specified shall not be deemed to be a required yard. Note: a minimum setback requirement creates a minimum yard requirement, and a minimum yard requirement has the same effect as requiring a minimum setback.

Yard, side. A yard extending from the front yard to the rear yard, between the side plot line, or side street line if applicable, and the nearest line of any building or structure on the plot. The width of a side yard shall be the shortest distance between the side plot line or side street line and the nearest use or building or structure on the plot.

Yard sale or garage sale. The sale of a residential occupant's personal or household belongings to the public from the occupant's residence, either inside or outside of the building.

(Ord. No. 2013-06, § 2(Att. A), 12-3-2013; Ord. No. 2015-01 , § 2, 2-3-2015; Ord. No. 2017-15 , § 2(Exh. A), 12-5-2017; Ord. No. 2021-02 , § 2(Att. A), 5-4-2021; Ord. No. 2021-06 , § 2, 8-3-2021)